HomeMy WebLinkAbout97-1443-1448 CriminalCOMMONWEALTH
VS.
CORY CORMANY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
97-1443 CRIMINAL
97-1444 CRIMINAL
97-1445 CRIMINAL
97-1446 CRIMINAL
97-1447 CRIMINAL
97-1448 CRIMINAL
IN RE: OPINION PURSUANT TO RULE 1925
The defendant, Cory Cormany, was arrested for public drunkenness on December 27,
1997. As a result of this arrest and incidents which occurred later, the defendant was charged
with three counts of disorderly conduct, two counts of criminal mischief, and one count of
public drunkenness. He was found guilty by a district justice and subsequently appealed his
conviction pursuant to Rule 86(a) and (f) of the Pennsylvania Rules of Criminal Procedure, but
failed to appear for his trial as required by Rule 1117(a) and (c). Mr. Cormany's appeal was
dismissed and a bench warrant was issued for his arrest.
Rule 86(a) specifies the manner of taking a summary appeal.
(a) When an appeal is authorized by law in a
summary proceeding, including a prosecution for
violation of a municipal ordinance which provides
for imprisonment upon conviction or upon failure
to pay a fine, an appeal shall be perfected by filing
a notice of appeal within thirty (30) days after the
conviction or other f'mal order from which the
appeal is taken and by appearing in the court of
common pleas for the trial de novo. The notice of
appeal shall be filed with the clerk or courts.
Pa.R. Crim. P., Rule 86(a), 42 Pa.C.S.A.
Rule 86(0 states that the defendant is entitled to a trial de novo.
(f) When a defendant appeals after conviction by
an issuing authority in any summary proceeding,
upon the filing of the transcript and other papers
by the issuing authority, the case shall be heard de
novo by the appropriate division of the court of
common pleas as the president judge shall direct.
Pa.R. Crim. P., Rule 86(0, 42 Pa.C.S.A
If a defendant fails to appear for trial in a criminal case generally, Rule 1117(a)
provides that "the defendant's absence without cause shall not preclude proceeding with the
trial including the return of the verdict." Rule 1117 was amended in 1994 to include
subsection (c) which states that:
(c) In a summary case appealed for a trial de
novo, if the defendam fails to appear as required
by Rule 86, the trial judge may dismiss the appeal
and enter judgmem in the court of common pleas
on the judgmem of the issuing authority.
Pa.R. Crim. P., Rule 1117(c), 42 Pa.C.S.A. Additionally, the commem to Rule 1117 states
that subsection (c) was added "to make it clear that the trial judge may dismiss a summary case
appeal when the judge determines that the defendam is absent without cause from the trial de
novo."
Rule 86(a) requires notice of the appeal to be fried with the clerk of courts. Rule
1117(c) requires the defendant to appear for the trial de novo. "[T]he penalty for failing to
satisfy both elemems of perfecting a summary appeal, notice and an appearance, exposes a
defendant to the peril of dismissal of his appeal." Commonwealth v, L0we, 698 A.2d 607,
609 (Pa. Super. 1997).
Mr. Cormany was absem from his trial "without cause." The record shows that he was
sent two notices of his trial date, and that they were sent to the correct address. Also, the
attorney for Mr. Cormany stated that the defendant knew that his appeal had been filed. Police
officers were also in the courtroom ready to testify, but Mr. Cormany was not there.
Consequently, in keeping with Rule 1117(a) and (c), his appeal was dismissed, the judgment of
the issuing authority was entered, and a warrant was issued for his arrest.
March ?~, 1998
Jaime Keating, Esquire
Chief Deputy District Attorney
Cory Cormany, Pro Se
1883 Douglas Drive
Carlisle, PA 17013
Hess, J.