COM. v. LISTON


977 A.2d 1089 (2009)

COMMONWEALTH of Pennsylvania, Appellant v. Clayton Leroy LISTON, Appellee.

Supreme Court of Pennsylvania.

Decided August 17, 2009.


Attorney(s) appearing for the Case

Nancy Vernon, Esq., Hugh J. Burns, Jr., Esq., Philadelphia Dist. Attorney's Office, for the Com. of PA, appellant.

Dianne H. Zerega, Esq., for Clayton Leroy Liston, appellee.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY and GREENSPAN, JJ.


OPINION

Justice GREENSPAN.

The Commonwealth appeals from the Superior Court's order remanding the matter to the trial court so that Appellee Clayton Leroy Liston may file a post-sentence motion nunc pro tunc. We hold that the Superior Court erred in declaring that a defendant who has been granted the right to file a notice of appeal nunc pro tunc shall also automatically be granted the right to file post-sentence motions nunc pro...

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