IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Commonwealth of Pennsylvania :

Ex Rel. Simeon Bozic, : No. 2760 C.D. 2015

: Submitted: October 7, 2016

Appellant :

:

v. :

: Superintendent, Robert Gilmore, :

State Correctional Institution : Greene, Pennsylvania Department :

of Corrections :

BEFORE: HONORABLE P. KEVIN BROBSON, Judge

HONORABLE MICHAEL H. WOJCIK, Judge

HONORABLE ROCHELLE S. FRIEDMAN, Senior Judge

OPINION NOT REPORTED

MEMORANDUM OPINION

BY SENIOR JUDGE F RIEDMAN FILED: November 29, 2016

Simeon Bozic appeals from the July 23, 201 5, interlocutory order of the

C o urt of Common Pleas of Greene County (t rial co u rt) that transferred his petition for

writ of habeas corpus (Pe t ition) to the Philadelphia County Court of Common Pleas

(Philadelphia court)

. We quash the appeal

.

On March 12, 2015, Bozic filed the Petition against Superintendent

,

Robert Gilmore, the State Correctional Institution at Greene (SCI

- Greene)

, and the

Pennsylvania Department of Corrections (together, Respondent) in the trial court. In

his Petition , Bozic challenged the conditions of his confinement at SCI

- Greene

,2

specifically alleging that the Philadelphia court d id not impose a sentence authorizing

hi s confinement. 1

On July 23, 2015, the trial court issued an order, stating that in

accordance with Pa. R. Crim. P . 108 (A) , a petition for writ of habeas corpus

challenging the legality of a peti tioner’ s confinement shall be filed in the clerk of

courts of the judicial district in which the order directing the confinement of the

petitioner was entered. The trial court ordered the Petition transferred to the

Philadelphia court.

On August 3, 2015, Bozic file d a notice of appeal from an interlocutory

a ppeal as of right pursuant to Pa. R.A.P. 311(c) , with this court

. 2 On appeal, Bozic

argues that the trial court erred in transferring the Petition to the Philadelphia court

because he is confined at SCI

- Greene and

, in accordance with Bronson v. Domovich

,

628 A.2d 1177, 1177 (Pa. Super. 1993) and Pa. R. Crim. P. 108( B )

, “[ a ] petition for

writ of habea s corpus challenging the conditions of the petitioner’s confinement in a

criminal matter shall be filed with the clerk of courts of the judicial district in wh ich

the petitioner is confined.” Thus, because Bozic is confined at SCI

- Greene, Bozic

maintains that the trial court, not the Philadelphia court, has jurisdiction.

1 This is the only challenge raised.

2 Bozic also filed a motion to reopen the habeas corpus proceeding with the trial court,

which the trial court denied on April 5, 2016.3

We must first address the appealability of the July 23, 2015,

interlocutory order. Bozi c claims he may appeal the interlocutory order as of right

pursuant to Pa. R.A.P. 311 (c). We disagree.

Pa. R.A

. P. 311(c) provides that “[a]n appeal may be taken as of right

from an order in a civil action or proce eding changing venue, transferring the m atter

to another court of coordinate jurisdiction, or declining to proceed in the matter on

the basis of for u m non conveniens or analogous principles.” Although Pa. R.A. P.

311 (c) permits an appeal as of right from an order “transferring [a] matter to ano ther

court of coordinate jurisdiction,” the Note to Pa. R.A.P. 311(c) explains:

[ T ]he paragraph does not relate to a transfer under . . . 42

Pa. C.S. §5103 [ transfer of erroneously filed matter ]

, . . . because such a transfer is not to a “court of coordinate

jurisdiction” within the meaning of this rule; it is intended

that there shall be no right of appeal f r om a transfer order

based on improper subject matter jurisdiction.

Pa. R.A. P. 311, Note.

Habeas corpus is properly addressed in the cour t of record from which

the judgment of sentence originated. Brown v. Department of Corrections , 81 A.3d

814, 815 (Pa. 2013). Here, the trial court transferred the Petition to the Philadelphia

court , which ordered Bozic’s detention. An appeal as of right may not be taken from

the trial court’s transfer order.4

Accordingly, we quash Bozic’s appeal.

___________________________________ ROCHELLE S. FRIEDMAN, Senior JudgeIN THE COMMONWEALTH COURT OF PENNSYLVANIA

Commonwealth of Pennsylvania :

Ex Rel. Simeon Bozic, : No. 2760 C.D. 2015

: Appellant :

:

v. :

: Superintendent, Robert Gilmore, :

State Correctional Institution : Greene, Pennsylvania Department :

of Corrections :

O R D E R

AND NOW, this 29 th day of November , 201 6

, we hereby quash the

appeal filed by Simeon Bozic.

___________________________________ ROCHELLE S . FRIEDMAN, Senior Judge