Commonwealth v. Toner

444 Pa. Superior Ct. 30 (1995)

663 A.2d 202

COMMONWEALTH of Pennsylvania,

v.

Richard TONER, Appellant.

Superior Court of Pennsylvania.

Submitted April 25, 1995.

Filed July 27, 1995.

Michael Machen, Asst. Deputy Defender, Pittsburgh, for appellant.

Scott A. Bradley, Asst. Dist. Atty., Pittsburgh, for Com., appellee.

Before Del Sole, Kelly, and Brosky, JJ.

KELLY, Judge:

In this opinion, we are asked to determine whether the court of common pleas may dismiss an appellant's appeal for a trial de novo following the entry of judgment of sentence by a district justice on a summary conviction. We hold that the…