Com. v. Nowakowski, J. ( 2015 )

J-S44025-15
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
JOHN ANTHONY NOWAKOWSKI
Appellant 3 WDA 2015
Appeal from the Judgment of Sentence December 3, 2014
In the Court of Common Pleas of Fayette County
Criminal Division at No: CP-26-SA-0000138-2014
BEFORE: LAZARUS, STABILE, and JENKINS, JJ.
MEMORANDUM BY STABILE, J.: FILED OCTOBER 15, 2015
John Anthony Nowakowski (Appellant) appeals from the December 3,
2015 judgement of sentence of the Court of Common Pleas of Fayette
County (trial court), entered after Appellant failed to appear for a trial de
novo after he appealed from a summary conviction. Upon review, we affirm.
Appellant was issued a non-traffic citation on June 6, 2014 for
intentionally damaging the property of another individual. Appellant failed to
appear for his trial before the magisterial district court. At the rescheduled
trial, Appellant once again failed to appear, and the Magisterial District Judge
entered a summary conviction for criminal mischief1 against Appellant.
Appellant appealed to the trial court, and a jury trial de novo pursuant to
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1
18 Pa.C.S.A. § 3304(a)(5).
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Pa.R.Crim.P. 462(A) was scheduled for December 3, 2014. When Appellant
failed to appear for the December 3, 2014 trial, the trial court dismissed
Appellant’s appeal and reinstated the sentence imposed by the Magisterial
District Judge pursuant to Pa.R.Crim.P. 462(D).
On December 31, 2014, Appellant filed a timely notice of appeal. On
January 2, 2015, the trial court issued an order directing Appellant to file a
concise statement of the errors complained of on appeal pursuant to
Pa.R.A.P. 1925. On January 26, 2015, the trial court issued an order stating
that Appellant had failed to file a Rule 1925(b) statement and, therefore,
had waived all issues and his appeal should be dismissed. Upon review of
the record, we agree.
Our standard of review for an appeal of a summary conviction
following de novo trial is whether an error of law has been committed and
whether the findings of fact are supported by the record. Commonwealth
v. Eyiwunmi Akinsanmi, 55 A.3d 539, 540 (Pa. Super. 2012). “The trial
court’s verdict will only be disturbed if there was a manifest abuse of
discretion.” Akinsanmi, 55 A.3d at 540 (internal citation omitted). When
an appellant does not appear for a summary appeal, dismissal of the appeal
is proper unless the appellant can show good cause for the absence. Id.;
see Pa.R.Crim.P. 462(D).
In the instant case, we need not address whether the trial court erred
by dismissing Appellant’s appeal, because it is well-settled that “[i]n order to
preserve their claims for appellate review, [a]ppellants must comply
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whenever the trial court orders them to file a [Rule 1925(b) statement].
Any issues not raised in a [Rule] 1925(b) statement will be deemed waived.”
Commonwealth v. Hill, 16 A.3d 484, 494 (Pa. 2011) (quoting
Commonwealth v. Lord, 719 A.2d 306, 308-09 (Pa. 1998)); see Pa.R.A.P.
1925(b)(4)(vii). Instantly, Appellant failed to comply with the trial court’s
January 2, 2015 order to file a 1925(b) statement. Accordingly, Appellant
failed to preserve any issues for appeal.
Appellant also failed to comply with the Pennsylvania Rules of
Appellate Procedure as they relate to briefing. See, e.g., Pa.R.A.P. 2115,
2116(a), 2117, 2118, and 2119; see also Commonwealth v. Miller, 721
A.2d 1121, 1124 (Pa. Super. 1998) (“We decline to become appellant's
counsel. When issues are not properly raised and developed in briefs, when
briefs are wholly inadequate to present specific issues for review, a court will
not consider the merits thereof.”) (citations omitted).
Order affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 10/15/2015
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