Wednesday, May 13, 2009

Superior Court - COMMONWEALTH OF PENNSYLVANIA v. MICHAEL BURTON

COMMONWEALTH OF PENNSYLVANIA v. MICHAEL BURTON
No. 1932 EDA 2007 2009 PA Super 87 Atlantic: 973 A.2d 428 Filed: 5/13/2009

Appeal from the Judgment of Sentence June 28, 2007,
In the Court of Common Pleas of Philadelphia County,
Criminal at No(s): CP-51-CR-0805111-2005
Before: FORD ELLIOTT, P.J., STEVENS, MUSMANNO, LALLY-GREEN, BENDER, PANELLA, DONOHUE, ALLEN and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
Concurring Opinion by: STEVENS, J.
Concurring Opinion by: LALLY-GREEN, J.
Appellant Michael Burton appeals from the judgment of sentence of five to ten years imprisonment imposed following his conviction on the charge of possession with intent to deliver cocaine. Appellant contends that the trial court erred in denying his motion to suppress. Appellant’s counsel filed a concise statement of the errors complained of on appeal as ordered by the trial court pursuant to Rule 1925(b) of the Pennsylvania Rules of Appellate Procedure. However, the concise statement was filed one day beyond the deadline set by the trial court.
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