Superior Court 9/10/08 - COMMONWEALTH OF PENNSYLVANIA v. CHARLES SALLEY

COMMONWEALTH OF PENNSYLVANIA v. CHARLES SALLEY

No. 2305 EDA 2007 2008 PA Super 210 Atlantic: n/a Filed: 9/10/2008
Appeal from the Judgment of Sentence Entered August 17, 2007,Court of Common Pleas, Philadelphia County,Criminal Division, at No. CP-51-CR-0603851-2006.
Before: LALLY-GREEN, SHOGAN and HUDOCK, JJ.
Opinion by: SHOGAN, J.
Appellant, Charles Salley, appeals from the judgment of sentence entered on August 17, 2007, purporting to resentence Appellant. For the following reasons, we vacate and remand.

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Did not the trial court lack jurisdiction to re-sentence appellant [] where proper jurisdiction still rested with the Superior Court, where the certified record was still properly before the Superior Court, and where the trial court’s actions violated appellant’s statutory right to seek an Allowance of Appeal?