Com. v. Thompson, R. ( 2016 )

J-S71023-16
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
v.
ROBERT STEVEN THOMPSON, JR.
Appellant No. 3604 EDA 2015
Appeal from the Judgment of Sentence October 29, 2015
In the Court of Common Pleas of Delaware County
Criminal Division at No(s): CP-23-CR-0003334-2014
BEFORE: BOWES, J., PANELLA, J., and FITZGERALD, J.*
JUDGMENT ORDER BY PANELLA, J. FILED NOVEMBER 29, 2016
Appellant, Robert Steven Thompson, Jr., appeals from the judgment of
sentence entered after he was convicted of disorderly conduct, possession of
marijuana, and harassment. However, Thompson’s counsel concedes that
the post-sentence motion and notice of appeal were untimely filed. Counsel
requests, in the interests of justice, that we nevertheless treat this appeal as
timely. This we cannot do. See Commonwealth v. Burks, 102 A.3d 497,
500 (Pa. Super. 2014).
Here, as in Burks, there was no fraud or breakdown in the court’s
operation, merely a mistake by counsel. We have no authority to excuse
____________________________________________
*
Former Justice specially assigned to the Superior Court.
J-S71023-16
Thompson’s untimely notice of appeal, and therefore quash. Thus,
Thompson’s motion to proceed pro se is moot.
Appeal quashed. Motion to proceed pro se denied as moot.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 11/29/2016
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