Opinion
Submitted June 11, 1973.
September 19, 1973.
Petition for post-conviction relief. Before MEYER, J. Appeal, No. 744, Oct. T., 1973, from judgment of sentence of Court of Common Pleas of Lebanon County, No. 416 of 1967. Submitted June 11, 1973.
Frederick S. Wolf, and Beaver, Wolf Harlan, for appellant; David J. Brightbill, Assistant District Attorney, and George E. Christianson, District Attorney, for Commonwealth, appellee.
The judgment of sentence in the present case was entered in 1968. The present appeal from that judgment was filed on February 23, 1973, several years subsequent to the judgment. The appeal must therefore be quashed as untimely.
See Act of May 19, 1897, P.L. 67, § 4, as amended by Act of March 22, 1923, P.L. 30, § 1, as amended by Act of March 12, 1925, P.L. 32, § 1, as amended by Act of May 11, 1927, P.L. 972, § 1, 12 Pa.C.S.A. § 1136, repealed, Act of July 31, 1970, P.L. 673, § 509(a)(2), 17 Pa.C.S.A. § 211.509(a)(2) (1973-74 Supp.), and its successor provision, Act of July 31, 1970, P.L. 673, § 502, 17 Pa.C.S.A. § 211.502 (1973-74 Supp.).
Appellant's court-appointed attorney suggests that the present appeal, which he states was initiated by the appellant himself, should possibly be considered to be from an order in a collateral proceeding in 1969. Such an appeal would also be untimely. Furthermore, this Court, several years ago, affirmed the order in question. Commonwealth v. Spitler, 216 Pa. Super. 791, 261 A.2d 115 (1970).
Appeal quashed.