Commonwealth v. Borger

HUDOCK, Judge:

In this appeal we are asked to determine whether a trial court retains discretion to reinstate the post-verdict motions of *210a defendant whose motions were dismissed after he became a fugitive, once he is returned to the jurisdiction of that court before an appeal is filed. After a careful review of precedent, we find that the trial court retains such discretion. Thus, we reverse and remand.

The facts of the present case are simple and undisputed. A jury convicted Appellant of first degree murder. Immediately thereafter, it imposed a sentence of life imprisonment. Timely…