J-A24016-16

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF

PENNSYLVANIA

Appellee

v.

RUDY EUGENE E. NORTH

Appellant No. 1618 EDA 2015

Appeal from the Order Entered May 22, 2015

In the Court of Common Pleas of Philadelphia County

Criminal Division at No(s): CP-51-CR-0012176-2007

BEFORE: BOWES, J., OTT, J., and SOLANO, J.

JUDGMENT ORDER BY OTT, J.: FILED OCTOBER 04, 2016

Rudy Eugene E. North brings this appeal from the order entered May 22, 

2015, in the Court of Common Pleas of Philadelphia County, denying his 

motion to bar retrial on double jeopardy. North filed the motion to dismiss 

after this Court reversed his judgment of sentence, and remanded for a new 

trial.1 Based on the following, we remand this case for the trial court’s 

compliance with Rule 587(B) of the Pennsylvania Rules of Criminal 

Procedure.

____________________________________________

1 See Commonwealth v. North, 2014 Pa. Super. Unpub. LEXIS 1083 

[2402 EDA 2012] (Pa. Super. 2014) (unpublished memorandum, at 13).
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Before we may address the merits of North’s appeal, we must 

determine whether we have jurisdiction over the appeal.2 See 

Commonwealth v. Blystone, 119 A.3d 306 (Pa. 2015) (finding that issues 

of jurisdiction may be raised sua sponte). We may exercise jurisdiction over 

this appeal only to the extent that the order denying North’s pretrial motion 

qualifies as a collateral order under Pa.R.A.P. 313. In this regard, our Court 

has instructed:

To establish whether a motion to dismiss on double jeopardy 

grounds qualifies as a collateral order, trial courts must now, 

inter alia, satisfy [Pa.R.Crim.P.] 587(B)(3), (4), (5), and (6). 

Subsection (B)(3) requires the trial court, following a hearing, to 

enter on the record a statement of findings of fact and 

conclusions of law and its disposition of the double jeopardy 

motion. Subsection (B)(4) requires the trial court to render a 

specific finding on frivolousness in the event the court denies the 

double jeopardy motion. Subsection (B)(5) requires the trial 

court, if it finds frivolous the double jeopardy motion, to inform 

on the record a defendant of his or her right to petition for 

review under Pa.R.A.P. 1573 within [thirty] days of the order 

denying the motion. Subsection (B)(6) requires the court to 

advise a defendant of his immediate right to a collateral appeal if 

the court does not find the double jeopardy motion to be 

frivolous.

Commonwealth v. Taylor, 120 A.3d 1017, 1022–1023 (Pa. Super. 2015).

 On May 22, 2015, the trial court heard argument on North’s pretrial 

motion to dismiss, and denied the motion, as follows:

____________________________________________

2 We note that, although an order requiring North to file a Pa.R.A.P. 1925(b) 

statement is not part of the certified record or reflected by the docket, North 

filed a concise statement on August 14, 2015. On October 14, 2015, the 

trial court filed an opinion in support of its May 22, 2015 order. 
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THE COURT: .... There is no double jeopardy issue. Denied. 

Now is there a trial date set on this?

[COMMONWEALTH’S ATTORNEY]: Yes. It’s scheduled for 

Wednesday or Thursday of next week.

[NORTH’S ATTORNEY]: Thursday.

THE COURT: Is this a jury?

[COMMONWEALTH’S ATTORNEY]: Yes, Your Honor.

[NORTH’S ATTORNEY]: It is Your Honor. If Mr. North wants to 

take an appeal, then he can certainly take an appeal of the 

motion denying double jeopardy.

THE COURT: I’m setting a trial date. He can do whatever he 

wants.

[NORTH’S ATTORNEY]: Right.

THE COURT: It was remanded for trial. If he wants to appeal, 

that’s fine. There is no double jeopardy issue. Denied. .... 

N.T., 5/22/2015, at 13–14. 

Here, the trial court failed to render a specific finding on the record 

regarding frivolousness, and failed to comply with Pa.R.Crim.P. 587(B)(3) 

through (6). Because the trial court failed to fully comply with Pa.R.Crim.P. 

587(B), we are unable to determine whether we may exercise jurisdiction 

over this appeal. Therefore, we remand this matter to the trial court for 

compliance with Pa.R.Crim.P. 587(B) and preparation of a supplemental 

Pa.R.A.P. 1925(a) opinion within 60 days of the date of this judgment order. 

Upon the filing of a supplemental opinion, the certified record is to be 

promptly returned to this Court. 
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The Prothonotary of this Court is directed to remand the certified 

record to the trial court.

Case remanded. Panel jurisdiction retained.3

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 10/4/2016

____________________________________________

3 Our retained jurisdiction over this appeal would not excuse North’s noncompliance with Pa.R.Crim.P. 587(B)(5) and Pa.R.A.P. 1573 in the event the 

trial court determines that his double jeopardy motion is frivolous. Taylor, 

120 A.3d at 1023 n.12.