Com. v. Harris, D. (judgment order)
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J-S39027-16 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee v. DARNELL D. HARRIS, Appellant No. 1848 MDA 2015 Appeal from the Order Entered September 22, 2015 in the Court of Common Pleas of Lycoming County Criminal Division at No.: CP-41-SA-0000028-2015 BEFORE: STABILE, J., PLATT, J.*, and STRASSBURGER, J.* JUDGMENT ORDER BY PLATT, J.: FILED MAY 09, 2016 Appellant, Darnell D. Harris, appeals from the trial court’s order dismissing his traffic citation for driving a commercial motor vehicle while his operating privilege is suspended1 at docket number SA-28-2015. We dismiss this appeal as moot. The relevant procedural background of this case is as follows. On September 22, 2015, Appellant entered a guilty plea, at separate docket number SA-34-2015, to charges of speeding at a hazardous grade and driving a commercial motor vehicle while his operating privilege is suspended. In exchange, the Commonwealth withdrew a second charge of ____________________________________________ * Retired Senior Judge assigned to the Superior Court. 1 75 Pa.C.S.A. § 1606(c)(1)(ii). J-S39027-16 driving a commercial motor vehicle while his operating privilege is suspended, at the instant docket number, SA-28-2015. (See N.T. Summary Appeal, 9/22/15, at 2-4). On that same date, the court entered an order dismissing the citation at SA-28-2015.2 (See Order, 9/22/15, at 1). On October 22, 2015, Appellant filed a notice of appeal at SA-28-2015 only. (See Trial Court Opinion, 12/24/15, at 1). On appeal, Appellant challenges the validity of the guilty plea he entered at SA-34-2015. (See Appellant’s Brief, at 1). However, the trial court concluded that because the citation at the docket under which the appeal was filed, SA-28-2015, was dismissed, there are no issues properly before this Court. (See Trial Ct. Op., at 1). We agree with the trial court. “Generally, a case will be dismissed if at any stage of the judicial process it is rendered moot.” Commonwealth v. Sloan, 907 A.2d 460, 465 (Pa. 2006) (citation omitted). Here, the trial court dismissed the citation at SA-28-2015; it imposed no penalty in this case. Because there is no meaningful relief that can be granted, we must dismiss this appeal as moot. ____________________________________________ 2 The court re-imposed the fines and sanctions imposed by the magisterial district court judge on the charges at SA-34-2015. -2- J-S39027-16 Appeal dismissed as moot. Judgment Entered. Joseph D. Seletyn, Esq. Prothonotary Date: 5/9/2016 -3-
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