J-A13033-17

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA

v.

CLIFFORD BRANDON REPOTSKI 

Appellant

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 2788 EDA 2016

Appeal from the Judgment of Sentence July 26, 2016

In the Court of Common Pleas of Montgomery County 

Criminal Division at No(s): CP-46-CR-0001643-2011

BEFORE: LAZARUS, OTT, and FITZGERALD,*JJ.

JUDGMENT ORDER BY FITZGERALD, J.: FILED MAY 01, 2017

Appellant, Clifford Brandon Repotski, appeals pro se from the 

judgment of sentence entered in the Montgomery County Court of Common 

Pleas. Because Appellant has filed an untimely notice of appeal to this 

Court, we quash.

The trial court summarized the procedural history of this case as 

follows:

On March 14, 2012, [Appellant] pleaded guilty to four 

counts of Sexual Abuse of Children, Possession of child 

Pornography in violation of 18 Pa.C.S. § 6312(d)[ ]. On 

June 13, 2012, this court sentenced [Appellant] to, inter

alia, a six-month probation and a 10-year registration 

requirement under Megan’s Law. [Appellant’s] judgment 

of sentence was affirmed by the Superior Court on 

December 12, 2012. 

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*

Former Justice specially assigned to the Superior Court.
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On March 4, 2016, [Appellant] received a notice of 

violation of his probation. The Notice was signed by 

[Appellant] that date and docketed on April 4, 2016. A 

Gagnon[1]II hearing was held on July 26, 2016. 

[Appellant] was found to be in violation of his probation 

and sentenced to time served to twenty-three (23) 

months, a consecutive three year probation and a 

concurrent 5 year probation. On or about August 4, 2016, 

[Appellant] was paroled from the County jail. On August 

29, 2016, [Appellant] mailed a pro se notice of appeal 

directly to the Superior Court. On August 30, 2016, the 

Superior Court forwarded the notice, unfiled, to the 

Montgomery County Clerk of Court where it was docketed 

on September 2, 2016.

Trial Ct. Op., 9/23/16, at 1-2 (footnotes omitted). 

As a prefatory matter, 

we must address the timeliness of this appeal as it 

implicates our jurisdiction. Commonwealth v. Yarris, [ ] 

731 A.2d 581, 587 ([Pa.] 1999) (appellate courts may 

consider the issue of jurisdiction sua sponte ). Jurisdiction 

is vested in the Superior Court upon the filing of a timely 

notice of appeal. Commonwealth v. Miller, 715 A.2d 

1203, 1205 (Pa. Super. 1998).

Commonwealth v. Green, 862 A.2d 613, 615 (Pa. Super. 2004) (en banc). 

A notice of appeal “shall be filed within 30 days after the entry of the 

order from which the appeal is taken.” Pa.R.A.P. 903(a). Pennsylvania Rule 

of Appellate Procedure 105 provides that “the court may not enlarge the 

time for filing a notice of appeal . . . .” Pa.R.A.P. 105(b). However, the 

official note to Rule 105 carves out an exception to this rule: “[s]ubdivision 

(b) of this rule is not intended to affect the power of a court to grant relief in 

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1 Gagnon v. Scarpelli, 411 U.S. 778 (1973).
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the case of fraud or breakdown in the processes of a court.” Pa.R.A.P. 105, 

note; see also Commonwealth v. Patterson, 940 A.2d 493, 498 (Pa. 

Super. 2007) (“before our Court may quash [an] appeal, we must determine 

whether an administrative breakdown in the court system excuses the 

untimely filing of the notice of appeal”). 

In the case sub judice, Appellant stipulated to being in violation of his 

probation. See Probation/Parole Stipulation Colloquy, 7/26/16. Sentence 

was imposed on July 26, 2016. Appellant had until August 25, 2016, to file 

his notice of appeal. Instantly, the certified record reveals that Appellant (1) 

mailed his notice of appeal to this Court on August 29th, (2) it was filed in 

this Court on August 30th,2and (3) it was docketed in Montgomery County 

on September 2, 2016. Therefore, the notice of appeal was untimely. We 

discern no fraud or breakdown in the court system. As the untimeliness of 

this appeal deprives this Court of jurisdiction, we quash. See Green, 862 

A.2d at 615.

Appeal quashed. 

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2 We note that in the criminal docketing statement, Appellant indicates the 

notice of appeal was filed on August 30, 2016. See Appellant Clifford 

Brandon Repotski’s Response to Appellee[’

]

s Opinion of September 23, 2016, 

10/3/16, at 16.
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Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 5/1/2017