J-S25033-16; J-S25034-16 

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 

COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF

PENNSYLVANIA 

 Appellee 

v. 

WILLIAM JOHN LITTLE 

 Appellant No. 1449 WDA 2015 

Appeal from the Judgment of Sentence August 14, 2015 

In the Court of Common Pleas of Fayette County 

Criminal Division at No(s): CP-26-CR-0001527-2014 

COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF

PENNSYLVANIA 

 Appellee 

v. 

WILLIAM JOHN LITTLE 

 Appellant No. 1451 WDA 2015 

Appeal from the Judgment of Sentence August 14, 2015 

In the Court of Common Pleas of Fayette County 

Criminal Division at No(s): CP-26-CR-0000547-2014 

BEFORE: FORD ELLIOTT, P.J.E., MUNDY, J., and JENKINS, J. 

MEMORANDUM BY JENKINS, J.: FILED APRIL 08, 2016 

 Appellant William John Little appeals from the August 14, 2015 

judgments of sentence entered at two docket numbers in the Fayette County 

Court of Common Pleas. We quash this appeal. 

 On September 20, 2014, Appellant pled guilty to charges filed at two 

docket numbers. At docket CP-26-CR-0001527-2014, Appellant pled guilty 
J-S25033-16; J-S25034-16 

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to criminal trespass – defiant trespasser,1 conspiracy – theft from a motor 

vehicle,2 theft from a motor vehicle,3 receiving stolen property,4 and 

possession of drug paraphernalia.5 At docket CP-26-CR-0000547-2014, 

Appellant pled guilty to driving under the influence (“DUI”) (highest rate, 

first offense),6 unauthorized use of automobile,7 accidents involving damage 

to attended vehicle or property,8 driving while operating privilege is 

suspended or revoked,9 and additional summary traffic offenses.10

 On December 9, 2014, the trial court sentenced Appellant at both 

dockets. At docket CP-26-CR-0001527-2014, Appellant received a sentence 

of 12 months’ intermediate punishment, with 6 months to be served on 

house arrest with electronic monitoring, on the theft from a motor vehicle 

____________________________________________ 

1

 18 Pa.C.S. § 3503(b)(1)(iii). 

2

 18 Pa.C.S. § 903(c). 

3

 18 Pa.C.S. § 3934(a). 

4

 18 Pa.C.S. § 3925(a). 

5

 35 P.S. § 780-113(a)(32). 

6

 75 Pa.C.S. § 3802(b). 

7

 18 Pa.C.S. § 3928. 

8

 75 Pa.C.S. § 3743(a). 

9

 75 Pa.C.S. § 1543(a). 

 

10 75 Pa.C.S. §§ 3322, 3714(a), 3736(a), 3744(a). 
J-S25033-16; J-S25034-16 

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conviction. At docket CP-26-CR-0000547-2014, Appellant received a 

sentence of 6 months’ intermediate punishment, with 12 days to be served 

on house arrest with electronic monitoring, on the DUI conviction and a 

consecutive one-year term of probation for the unauthorized use of an 

automobile conviction. The trial court ordered Appellant to pay all costs 

associated with the intermediate punishment program.

11

 On February 18, 2015, the trial court entered an order revoking 

Appellant’s intermediate punishment because Appellant failed to make his 

first installment payment for electronic monitoring. The trial court resentenced Appellant at both dockets. At docket CP-26-CR-0001527-2014, 

the trial court sentenced Appellant to 6-12 months’ intermediate 

punishment, with at least 6 months to be served at the Genesis House 

treatment center, for the theft from a motor vehicle conviction. At docket 

CP-26-CR-000547-2014, the trial court sentenced Appellant to 48 hours to 6 

months’ imprisonment for the DUI conviction and one year of probation for 

the unauthorized use of an automobile conviction. 

Appellant left Genesis House, without permission, shortly after his 

admittance. On August 14, 2015, the trial court revoked Appellant’s 

sentence of intermediate punishment, revoked Appellant’s probation and 

parole, and re-sentenced Appellant. 

____________________________________________ 

11 No further penalty was imposed for the remaining convictions. 
J-S25033-16; J-S25034-16 

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At docket CP-26-CR-0001527-2014, the trial court sentenced Appellant 

to 6 to 12 months’ imprisonment for the theft from a motor vehicle 

conviction.12 At CP-26-CR-0000547-2014, the trial court sentenced 

Appellant to 48 hours to 6 months’ imprisonment for the DUI conviction and 

a concurrent sentence of 1 to 2 years’ imprisonment for the unauthorized 

use of an automobile conviction. He received credit for two days he spent in 

prison in February. The aggregate sentence imposed was 1.5 to 3 years’ 

imprisonment. 

On September 18, 2015, Appellant filed notices of appeal at both 

docket numbers.13 Appellant and the trial court complied with Pennsylvania 

Rule of Appellate Procedure 1925. 

We must first address the timeliness of this appeal. Following 

revocation of intermediate punishment, probation, or parole, the filing of a 

post-sentence motion does not toll the time period for the filing of an appeal. 

Pa.R.Crim.P. 708(E). This Court has explained: 

Rule 720 of the Pennsylvania Rules of Criminal Procedure 

in general governs the timing of post-sentence motion 

procedures and appeals. See Pa.R.Crim.P. 720. The 

disposition of a motion to modify a sentence imposed after 

a revocation hearing, however, is governed by Rule 708 

(Violation of Probation, Intermediate Punishment, or 

____________________________________________ 

12 The trial court imposed this sentence consecutive to the sentence imposed 

at docket CP-26-CR-0000547-2014. 

13 This Court has consolidated the cases on appeal. 
J-S25033-16; J-S25034-16 

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Parole: Hearing and Disposition). See Pa.R.Crim.P. 720 

Comment. Rule 708(E) states: “A motion to modify a 

sentence imposed after a revocation shall be filed within 

10 days of the date of imposition. The filing of a motion to 

modify sentence will not toll the 30–day appeal period.” 

Pa.R.Crim.P. 708(E) (emphasis added). Rule 708 makes 

clear Rule 720 does not apply to revocation cases. Id.

Comment. See also Commonwealth v. Parlante, 823 

A.2d 927, 929 (Pa.Super.2003) (internal citation omitted) 

(stating: “An appellant whose revocation of probation 

sentence has been imposed after a revocation proceeding 

has 30 days to appeal her sentence from the day her

sentence is [imposed], regardless of whether . . . she files 

a post-sentence motion. Therefore, if an appellant chooses 

to file a motion to modify her revocation sentence, she 

does not receive an additional 30 days to file an appeal 

from the date her motion is denied”). 

Commonwealth v. Burks, 102 A.3d 497, 500 (Pa.Super.2014) (emphasis 

deleted).14

 The trial court sentenced Appellant on August 14, 2015. Appellant did 

not file his notice of appeal until September 18, 2015, more than thirty days 

after the entry of the judgment of sentence.15 Accordingly, Appellant did not 

timely appeal the judgment of sentence. 

Appeal quashed. 

____________________________________________ 

14 This Court can raise an issue regarding the timeliness of an appeal sua 

sponte. Burks, 102 A.3d at 500. 

15 Thirty days from the August 14, 2015 judgment of sentence was Sunday, 

September 13, 2015. Appellant had until Monday, September 14, 2015 to 

file a timely notice of appeal. See Pa.R.A.P. 903(a) (notice of appeal “shall 

be filed within 30 days after the entry of the order from which the appeal is 

taken”); 1 Pa.C.S.A. § 1908 (excluding weekends and holidays from the 

computation of time when the last day of the time period falls on a weekend 

or holiday). 
J-S25033-16; J-S25034-16 

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Judgment Entered. 

Joseph D. Seletyn, Esq. 

Prothonotary 

Date: 4/8/2016