COM. v. TONER


444 Pa.Super. 30 (1995)

663 A.2d 202

COMMONWEALTH of Pennsylvania, v. Richard TONER, Appellant.

Superior Court of Pennsylvania.

Filed July 27, 1995.


Attorney(s) appearing for the Case

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 trial court cannot merely dismiss the appeal, but must determine facts and enter a verdict upon the record. Additionally, we hold that one's guilty plea to a summary offense before a district justice does not...

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