Com. v. Erickson, J. (judgment order)
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J-S23024-13 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 IN THE SUPERIOR COURT OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA Appellee v. JOHN L. ERICKSON Appellant No. 1433 WDA 2012 Appeal from the Order August 31, 2012 In the Court of Common Pleas of Warren County Criminal Division at No(s): CP-62-SA-0000018-2012 BEFORE: GANTMAN, J., OTT, J., and FITZGERALD, J.* JUDGMENT ORDER BY OTT, J. AND NOW, this 15th day of Filed: May 15, 2013 May, 2013, because John L. Erickson, Appellant, has filed his notice of appeal from non-appealable interlocutory orders, we are required to quash this appeal. On September 13, 2012, Erickson filed his notice of appeal in this matter. Erickson claimed the trial court erred on August 31, 2012, denying his motion for reconsideration of the August 24, 2012 denial of his motion to dismiss charges. It is unquestionably the law that a defendant may appeal only from a final judgment of sentence and an appeal from any prior order will be quashed as interlocutory. A denial of a motion to quash an indictment is such an interlocutory order and an appeal therefrom will be quashed. ____________________________________________ * Former Justice specially assigned to the Superior Court. J-S23024-13 Commonwealth v. Myers, 322 A.2d 131, 132 (Pa. Super. 1974). Appeal quashed.1 Judgment Entered Deputy Prothonotary Date: May 15, 2013 ____________________________________________ 1 Although Erickson filed his notice of appeal prior to his trial, which was held on October 1, 2012, the trial court retained jurisdiction to hold the trial pursuant to Pa.R.A.P. 1701(b)(6). See also Commonwealth v. Burkett, 353 A.2d 350 (Pa. Super. 1986) -2-
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