Superior Court 7/3/08 - COMMONWEALTH OF PENNSYLVANIA v. VICKY D. SCOTT

COMMONWEALTH OF PENNSYLVANIA v. VICKY D. SCOTT
No. 1414 MDA 2007 2008 PA Super 145 Atlantic: n/a Filed: 7/3/2008
Appeal from the Judgment of Sentence Entered July 11, 2007, Court of Common Pleas, Lackawanna County, Criminal Division, at No. CP-35-CR-0001675-2006.
Before: FORD ELLIOTT, PJ, SHOGAN and COLVILLE, JJ.
Opinion by: SHOGAN, J.
Appellant, Vicky D. Scott, appeals from the judgment of sentence entered following her convictions of seven counts of arson endangering persons, seven counts of recklessly endangering another person, and one count of arson endangering property. We remand for further proceedings.

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In the instant matter, our review of the record reflects that Appellant filed her notice of appeal on August 9, 2007. On August 14, 2007, the trial court issued an order directing Appellant to file a statement pursuant to Rule 1925(b). However, the record further reflects that Appellant has completely failed to file a Rule 1925(b) statement as directed. Thus, we are convinced that counsel has been per se ineffective. Moreover, the trial court has not prepared an opinion pursuant to Rule 1925(a). Therefore, we are constrained to follow the dictates of Rule 1925(c)(3), as amended, and to remand for the filing of a Rule 1925(b) statement nunc pro tunc within 30 days of this Opinion and for the preparation of an opinion by the trial court, to be filed with this Court 30 days thereafter. See also Commonwealth v. West, 883 A.2d 654, 658 (Pa. Super. 2005) (remanding for the filing of a Rule 1925(b) statement and preparation of a trial court opinion and retaining jurisdiction).

¶ 7 Remanded for further proceedings consistent with this Opinion. Panel jurisdiction retained.