J-S37010-17

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF

PENNSYLVANIA

Appellee

v.

LESTER EMANUEL BALDWIN

Appellant No. 1271 MDA 2016

Appeal from the Order Entered July 19, 2016

In the Court of Common Pleas of Lackawanna County

Criminal Division at No: CP-35-CR-0000813-2015

BEFORE: STABILE, J., MOULTON, J., and MUSMANNO, J.

MEMORANDUM BY STABILE, J.: FILED AUGUST 15, 2017

Appellant, Lester Emmanuel Baldwin, appeals pro se from the July 19, 

2016 order denying his motion for release on nominal bail pursuant to 

Pa.R.Crim.P. 600(D)(2). We affirm. 

Appellant was arrested and charged with possession with, among other 

things, intent to deliver a controlled substance (“PWID”), 35 P.S. § 780-

113(a)(30), in connection with an April 16, 2015 controlled drug buy. The 

Commonwealth filed its criminal complaint against Appellant and arrested 

him on April 17, 2015. Appellant was not released on bail. On May 31, 

2016, Appellant filed a motion for release on nominal bail, asserting that he 

had been incarcerated for more than 400 days without being brought to trial 

and thus was entitled to release under Pa.R.Crim.P. 600(B)(1) and (D)(2). 
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The trial court conducted a hearing on July 19, 2016 and denied the motion 

at the conclusion of that hearing. 

Appellant filed a pro se notice of appeal ten days later. The trial court 

determined, pursuant to this Court’s remand order, that Appellant’s waiver 

of counsel was knowing, intentional, and voluntary. See Commonwealth 

v. Grazier, 713 A.2d 81 (Pa. 1998). Appellant committed two procedural 

errors in filing a pro se notice of appeal. First, he proceeded pro se while 

represented by counsel in violation of the prohibition on hybrid 

representation articulated in Commonwealth v. Ellis, 626 A.2d 1137 (Pa. 

1993). We will overlook this mistake in light of our remand for a Grazier

hearing. Second, rather than file a notice of appeal from the trial court’s 

interlocutory order, Appellant should have filed a petition for review under 

Pa.R.A.P. 1762(b)(2). That rule governs Appellate review of orders relating 

to bail. In Commonwealth v. Jones, 899 A.2d 353 (Pa. Super. 2006), this 

Court treated the appellant’s notice of appeal from an order denying bail as 

a petition for review filed under Rule 1762(b)(2). Id. at 354 n.1. We will 

follow Jones here. We therefore turn to the merits of Appellant’s argument 

that the trial court erred in denying his motion for release on nominal bail. 

We conduct our review as follows: 

Our standard of review in evaluating Rule [600] issues is 

whether the trial court abused its discretion.... The proper scope 

of review in determining the propriety of the trial court’s ruling is 

limited to the evidence on the record of the Rule [600] 

evidentiary hearing and the findings of the lower court. In 

reviewing the determination of the hearing court, an appellate 
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court must view the facts in the light most favorable to the 

prevailing party.

Id. at 354 

We have reviewed the applicable law, the parties’ briefs, the record, 

and the trial court’s opinion. We conclude that the trial court’s opinion 

accurately addresses the merits of Appellant’s arguments. In particular, we 

observe that this case proceeded with several defense continuances and 

other significant delays occasioned by Appellant’s inability to get along with 

appointed counsel. Appellant’s first two lawyers withdrew due to conflicts 

with Appellant, and Appellant elected to proceed pro se in this appeal after 

parting ways with his third appointed counsel. The record supports the trial 

court’s conclusion that most of the delay in this case is attributable to 

Appellant. We affirm the trial court’s order based on the trial court’s October 

5, 2016 opinion. 

Order affirmed. 

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 8/15/2017
Circulated 07/31/2017 04:06 PM