Cilwa v. CommonwealthAnnotate this Case
The Supreme Court affirmed the decision of the court of appeals affirming the trial court's revocation of Appellant's suspended sentence in a criminal case, holding that Appellant could not collaterally attack the trial court's order as void ab initio and that the court of appeals did not err in affirming the judgment of the trial court.
Appellant had an extensive history of violating her probation by committing new felony offenses. Ultimately, the trial court found Appellant in violation of her probation, revoked a portion of her suspended sentence, and terminated her supervised probation. The court of appeals affirmed. The Supreme Court affirmed, holding (1) Appellant's argument that a September 2009 order was void ab initio because the trial court lacked subject matter jurisdiction to enter it, and consequently, a January 2010 order was also void was without merit; and (2) there was no merit to Appellant's argument that her probation terminated automatically when she completed her substance abuse treatment program in January 2013, long before the trial court entered its final revocation order.