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____________________________________ * Retired Senior Judge assigned to the Superior Court. NON - PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA v. LARRY LEE REDMOND Appellant : : : : : : : : : IN THE SUPERIOR COURT OF PENNSYLVANIA

No. 765 WDA 2018 Appeal from the Order April 4 , 2018 In the Court of Common Pleas of Westmoreland County Criminal Division at No(s): CP- 65 - CR - 0003618 - 2016 BEFORE: BOWES, J., SHOGAN, J., and STRASSBURGER*, J. JUDGMENT ORDER BY SHOGAN, J.: FILED APRIL 15, 2019 Appellant, Larry Lee Redmond, purports to appeal from the trial court’ s pretrial order entered April 19, 2018, denying his motion for reconsideration. Notice of Appeal, 5/21/18, at 1. For reasons that f ollow, we quash the appeal. Appellant was charged on September 8, 2016 with: one count of involuntary deviate sexual intercourse - person less than sixteen; two counts of aggravated indecent assault- complainant less than sixteen ; one count of endangering we lfare of children; one count of corruption of minors; and one count of indecent assault- person less than sixteen . 1 The complainant was thirteen years old during the commission of these offenses , and th e dates of the offenses charged on the original crimin al information ranged from

____________________________________________ 1 18 Pa.C.S. §§ 3123(a)(7), 3125(a)(8), 4304(a)(1), 6301(a)(1), and 3126(a)(8), respectively.J - A03020- 19

- 2 - September of 2015 , through February of 2016. O n March 9, 2018, the Commonwealth sought and was granted leave to amend the criminal i nformation to reflect dates of charges from February of 2015 , through Spring of 2015. All other averments and charges in the information remained the same. The amended criminal i nformation was filed on March 15, 2018. Also o n March 15, 2018, Appellant filed a petition to remand for a preliminary hearing, complaining that he had not been afforded one regarding the newly amended dates of alleged criminal activity. The trial court denied th e petition o n the same date. On March 22, 2018, Appellant filed a petition for writ of habeas corpus . The Commonwealth filed a response , and on April 4, 2018, the trial court denied the petition for writ of habeas corpus . On April 19, 2018, Appellant filed a motion to reconsider the April 4, 2018 order denying his petition for habeas corpus . This motion was denied the same day. Appellant filed a noti ce of appeal on May 21 , 2018. In it, Appellant stated that he is appealing “ from the Order of Court dated 19 th of April 2018 denying [Appellant’ s] Motion to Reconsider . ” No Pa.R.A.P. 1925(b) statement was ordered. The trial court filed a “ decree pursuan t to [ Pa.R.A.P. ] 1925(a) ” and in it stated: “ this Decree is made in accordance with [Pa.R.A.P. ] 1925(a) and states that the reasons for the decision appear in the Pre - trial conference transcript dated March 12, 2018. ” Decree, 7/25/18, at 1.

“ The question of timeliness of an appeal is jurisdictional. ” Commonwealth v. Moir , 766 A.2d 1253, 1254 (Pa. Super. 2000). TimeJ - A03020- 19

- 3 - limitations on appeal periods are strictly construed and cannot be extended as a matter of grace. Commonwealth v. Perez , 799 A.2d 848, 851 (Pa. Super. 2002). In order to preserve the right to appeal a final order of the trial court, a notice of appeal must be filed within thirty days after the date of entry of that order. Pa.R.A.P. 903(a). Although the entry of a final order triggers the th irty - day appeal period, this period may be tolled if the trial court expressly grants a motion for reconsideration within the thirty - day period. Pa.R.A.P. 1701(b)(3). The mere filing of a motion for reconsideration is insufficient to toll the appeal peri od. Moir , 766 A.2d at 1254. R ule 1701 is very clear: the thirty - day appeal period is tolled only by a timely order “ expressly granting ” reconsideration. Pa.R.A.P. 1701(b)(3), note (emphasis added). Herein, the final, appealable order was the April 4, 2018 order denying Appellant’ s petition for writ of habeas corpus . Appellant’ s petition for reconsideration filed and d enied on April 19, 2018 , did not toll the appeal period. Pa.R.A.P. 1701(b)(3). Thus, Appellant’ s May 21, 2018 notice of appeal was file d after the thirty - day appeal period . B e cause Appellant’ s appeal was untimely filed, we are without jurisdiction to entertain it. Moir , 766 A.2d at 1254. Thus, we quash this appeal as untimely. Appeal quashed.J - A03020- 19

- 4 - Judgment Entered. Joseph D. Seletyn, Esq. Prothonotary Date: 4/15/2019