Summary
quashing contempt order which reissued bench warrant ordering appellant to appear before a grand jury
Summary of this case from K.M.G. v. H.M.W.Opinion
Argued January 20, 1983.
Filed March 11, 1983.
Appeal from the Court of Common Pleas of Delaware County, Criminal Division, No. A-37, Page 9, 1981, Diggins, J.
John G. McDougall, Philadelphia, submitted brief on behalf of appellant.
A. Sheldon Kovach, Assistant District Attorney, Media, for participating party.
Before CAVANAUGH, ROWLEY and HOFFMAN, JJ.
We quash this appeal challenging a lower court order denying appellant's petition to quash a subpoena, finding him in contempt of court, and reissuing a bench warrant ordering him to appear before a grand jury. Unless properly certified, which was not done here, see Pa.R.A.P. 312, an order denying a request to quash a subpoena is interlocutory, and hence, unripe for appeal. Carabello Appeal, 238 Pa. Super. 479, 357 A.2d 628 (1976). A finding of contempt is not appealable until sentence has been imposed. Commonwealth v. Ravert, 286 Pa. Super. 46, 428 A.2d 231 (1981) (noting exceptions for double jeopardy and exceptional circumstances that are not applicable here). See Hester v. Bagnato, 292 Pa. Super. 322, 437 A.2d 66 (1981). The refusal to revoke the bench warrant and the order reissuing it are likewise interlocutory. Pa.R.A.P. 311; Carabello Appeal, supra. Accordingly, we quash this appeal.
Appeal quashed.