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389 Pa. Super. 450

Commonwealth v. Patterson

Superior Court of Pennsylvania

Decided December 15, 1989

Superior Court of Pennsylvania · decided 1989-12-15

Relies on Commonwealth v. Turner

Good law ✅— No negative treatment on recordhow we know

Decided 1989-12-15

How this case has been cited

Cited by 4 later decisions — most recently March 2013

4 state decisions

201989199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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KELLY, Judge:

¶1On August 25, 1989, this Court filed a memorandum which granted appellant’s counsel’s motion to withdraw on frivolity grounds. Appellant was informed in the memorandum of his right to proceed then with the appeal “pro se, or by privately retained counsel, or not at all.” See Commonwealth v. Turner, 518 Pa. 491, 495, 544 A.2d 927, 929 (1988). This Court specifically granted appellant 30 days from the date of the filing of the memorandum to file a brief. The dead-line for filing has long since past with only stoney silence from appellant.

¶2Turnerdoes not indicate how or when an appellant must chose between proceeding “pro se, or by privately retained counsel, or not at all.” No rule has since been promulgated. In the absence of an express rule, we consider appellant’s failure to file a brief within 30 days, as directed, to be an election of the third alternative identified in Turner.

¶3Appeal dismissed, with prejudice.

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