J-S04007-24

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA

v.

CLEMENT BARRINGTON SWABY 

Appellant

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 1189 EDA 2023

Appeal from the Judgment of Sentence Entered March 15, 2023

In the Court of Common Pleas of Northampton County Criminal Division 

at No(s): CP-48-CR-0001319-2021, 

CP-48-CR-0002065-2021, CP-48-CR-0002793-2021

COMMONWEALTH OF PENNSYLVANIA

v.

CLEMENT BARRINGTON SWABY 

Appellant

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:

:

:

:

:

:

:

:

 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 1190 EDA 2023

Appeal from the Judgment of Sentence Entered March 15, 2023

In the Court of Common Pleas of Northampton County Criminal Division 

at No(s): CP-48-CR-0001319-2021, 

CP-48-CR-0002065-2021, CP-48-CR-0002793-2021

COMMONWEALTH OF PENNSYLVANIA

v.

CLEMENT BARRINGTON SWABY 

Appellant

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:

:

:

:

:

:

:

:

 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 1191 EDA 2023
J-S04007-24

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Appeal from the Judgment of Sentence Entered March 15, 2023

In the Court of Common Pleas of Northampton County Criminal Division 

at No(s): CP-48-CR-0001319-2021, 

CP-48-CR-0002065-2021, CP-48-CR-0002793-2021

BEFORE: BOWES, J., STABILE, J., and LANE, J.

MEMORANDUM BY BOWES, J.: FILED MAY 30, 2024

Clement Barrington Swaby appeals from the aggregate judgments of 

sentence of seventy-five to 150 years of imprisonment, followed by twelve 

years of probation, imposed upon his convictions of, inter alia, rape and 

involuntary deviate sexual intercourse. We quash the appeals as untimely.

Given our disposition, we need not provide a detailed recitation of the 

history of these matters. It is sufficient to recount that Appellant was charged 

with numerous offenses in three separate cases involving multiple home 

invasions, wherein he either sexually assaulted the victims or attempted to do 

so. Following a consolidated trial, a jury convicted Appellant of twenty-five 

crimes. At a hearing on March 15, 2023, the trial court found Appellant to be 

a sexually violent predator, and then imposed the aggregate sentence 

indicated hereinabove. 

Appellant filed a motion for reconsideration of sentence in each case, 

which the court denied on March 20, 2023. The dockets and the certified 

records for each matter reflect that the orders denying the motion properly 

informed Appellant of his right to file an appeal within thirty days and were 

each served and docketed on that same date pursuant to Pa.R.Crim.P. 114(C) 

(providing that docket entries must be promptly made and contain the date 
J-S04007-24

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of receipt of the order, the date appearing on the order, and the date of 

service). Accordingly, the last day for filing a timely notice of appeal was 

Wednesday, April 19, 2023. See Pa.R.A.P. 903(a) (establishing that a notice 

of appeal must be filed within thirty days of the date of entry of the order from 

which the appeal is taken). Here, Appellant’s three counseled notices of 

appeal were received and docketed by the clerk’s office on Thursday, April 20, 

2023. This Court independently consolidated the appeals.

Preliminarily, we must address the timeliness of the notices of appeal. 

See Commonwealth v. Capaldi, 112 A.3d 1242, 1244 (Pa.Super. 2015) 

(“We lack jurisdiction to consider untimely appeals, and we may raise such 

jurisdictional issues sua sponte.”). This Court has stated that “[b]ecause this 

filing period is jurisdictional in nature, it must be strictly construed and may 

not be extended as a matter of indulgence or grace.” Commonwealth v. 

Gaines, 127 A.3d 15, 17 (Pa.Super. 2015) (en banc) (citation omitted). 

“Thus, an appellant’s failure to appeal timely an order generally divests the 

appellate court of its jurisdiction to hear the appeal.” Commonwealth v. 

Williams, 106 A.3d 583, 587 (Pa. 2014) (citations omitted). 

Except when an appellant is incarcerated and proceeding pro se, a notice 

of appeal is filed when it is received by the clerk of courts, not when it is 

deposited in the mail. See Pa.R.A.P. 905(a)(3) (“Upon receipt of the notice 

of appeal, the clerk shall immediately stamp it with the date of receipt, and 

that date shall constitute the date when the appeal was taken, which date 

shall be shown on the docket.”). As noted above, since Appellant’s counseled 
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notices of appeal were received on April 20, 2023, they are deemed to be filed 

on that date. Thus, the record is clear that the appeals were filed thirty-one 

days after entry of the order denying Appellant’s motions for reconsideration 

of sentence, and therefore were not timely filed. 

Further, Appellant does not assert, nor have we uncovered, anything 

apparent from the certified records that would excuse the late filings. Cf.

Commonwealth v. Patterson, 940 A.2d 498, 499 (Pa.Super. 2007) 

(concluding that the trial court’s order denying a post-sentence motion did not 

comply with Pa.R.Crim.P. 720, which constituted a “court breakdown” that 

permitted this Court to consider Patterson’s untimely appeal). We are 

therefore constrained to quash these untimely appeals for lack of jurisdiction.

Appeals quashed.

Date: 5/30/2024