Askew v. Commonwealth

ELIZABETH A. McCLANAHAN, Judge.

Earl Eugene Askew appeals the trial court’s denial of his motion for bail pending the appeal of his underlying conviction for possession of a firearm as a convicted felon. Askew contends the court erred in ruling it was divested of jurisdiction to consider the motion because Askew filed the motion subsequent to filing his notice of appeal on the firearm conviction. For the following reasons, we reverse the trial court and remand for its consideration of the motion for bail.

I. BACKGROUND

Upon his conviction for unlawful possession of a firearm as a convicted felon…