Superior Court 7/7/08 - COMMONWEALTH OF PENNSYLVANIA v. JERMAINE DONNELL FOX

COMMONWEALTH OF PENNSYLVANIA v. JERMAINE DONNELL FOX
No. 546 MDA 2007 2008 PA Super 147 Atlantic: n/a Filed: 7/7/2008
Appeal from the Judgment of Sentence, February 5, 2007, in the Court of Common Pleas of Dauphin County CP-22-CR-0002577-2002, CP-22-CR-0002578-2002
Before: FORD ELLIOTT, P.J., DONOHUE AND POPOVICH, JJ.
Opinion by: FORD ELLIOT, P.J.
Jermaine Donnell Fox appeals from the judgment of sentence of February 5, 2007. We affirm.


¶ 6 Appellant argues that his right to due process was violated where
nearly one year elapsed between remand and re-sentencing. Appellant
contends that the appropriate remedy for this delay was outright dismissal.
We disagree.
¶ 7 Appellant relies on Pennsylvania Rule of Criminal Procedure 704, which
provides that except for good cause shown, sentence shall ordinarily be
imposed within 90 days of conviction or the entry of a plea of guilty or
nolo contendere. Appellant cites Commonwealth v. Anders, 555 Pa.
467, 725 A.2d 170 (1999), in which the Pennsylvania Supreme Court held
that in evaluating a Rule 704 motion for discharge, a defendant must
demonstrate actual prejudice. See also Commonwealth v. Still, 783 A.2d
829 (Pa.Super. 2001)

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