Case Conclusion Date:March 19, 2001
Practice Area:Criminal Defense
Description:780 A.2d 721 Superior Court of Pennsylvania. COMMONWEALTH of Pennsylvania, Appellant, v. Thomas Lee EDRINGTON, Appellee. Commonwealth of Pennsylvania, Appellee, v. Thomas Lee Edrington, Appellant. Submitted March 19, 2001.Filed July 20, 2001. Jeffrey B. Engle, Attorney for Appellant Synopsis After defendant pled guilty to aggravated assault and other charges, the Court of Common Pleas, Dauphin County, Criminal Division, No. 3974 C.D. 1999, Hoover, J., sentenced defendant to 10 to 20 years' incarceration on aggravated assault charge. Commonwealth appealed, and defendant cross-appealed. The Superior Court, Nos. 1651 MDA 2000 and 1897 MDA 2000, Kelly, J., held that: (1) Commonwealth's challenge to legality of sentence was cognizable on appeal, despite Commonwealth's failure to file a concise statement of matters complained of; (2) defendant was third-time violent offender subject to mandatory prison term of no less than 25 years; and (3) defendant's failure to timely file notice of cross-appeal divested court of jurisdiction. Judgment of sentence vacated; case remanded; jurisdiction relinquished.