Com. v. Walker (judgment order)

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J-S15006-13 NON-PRECEDENTIAL DECISION SEE SUPERIOR COURT I.O.P 65.37 COMMONWEALTH OF PENNSYLVANIA, Appellee v. DAVID WALKER, SR., Appellant : IN THE SUPERIOR COURT OF PENNSYLVANIA : : : : : : : : No. 1190 MDA 2012 Appeal from the Order entered May 25, 2012, Court of Common Pleas, Lackawanna County, Criminal Division at No. CP-35-CR-0000426-1988 BEFORE: DONOHUE, ALLEN and OTT, JJ. JUDGMENT ORDER BY DONOHUE, J.: Filed: March 12, 2013 David Walker, Sr. ( Walker ) appeals from the order of court denying his petition for hearing and assessment by the Sexual Offender Assessment Board. The order from which Walker appeals was entered on May 25, 2012. Walker s notice of appeal was filed on June 28, 2012. Pennsylvania Rule of Appellate Procedure 903 provides that the notice of appeal ¦ shall be filed within 30 days after the entry of the order from which the appeal is taken. Pa.R.A.P. 903(a). In order to preserve the right to appeal from an order ¦ it is beyond question that the appeal must be filed within 30 days of the date of the order. The 30-day period must be construed strictly. This Court has no jurisdiction to excuse a failure to file a timely notice. In re Greist, 636 A.2d 193, 195 (Pa. Super. 1994). J-S15006-13 Here, Walker filed his notice of appeal 33 days after the entry of the order from which this appeal is taken, rendering his appeal untimely. Thus, we lack jurisdiction to entertain this appeal. Appeal quashed. -2-

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