J. S55028/16

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF

: PENNSYLVANIA

:

:

v. :

:

RUBAN PICHIRILO :

Appellant :

: No. 3233 EDA 2015

Appeal from the Order October 1, 2015

In the Court of Common Pleas of Lehigh County 

Criminal Division at No(s): CP-39-CR-0005626-2013

 

BEFORE: LAZARUS, J., DUBOW, J., and STEVENS, P.J.E.*

JUDGMENT ORDER BY DUBOW, J.: FILED AUGUST 04, 2016

Appellant, Ruban Pichirilo, has filed this pro se appeal from the 

October 1, 2015 Order entered in the Court of Common Pleas of Lehigh 

County denying his Motion for Sentencing Transcripts. We affirm.

On July 16, 2014, Appellant entered a plea of guilty to one count of 

Aggravated Assault.1 On January 12, 2015, the trial court sentenced 

Appellant to six and a half to twenty years’ incarceration. Appellant did not 

file a Post-Sentence Motion or direct appeal. 

 

*

Former Justice specially assigned to the Superior Court.

1 18 Pa.C.S. § 2702(a)(1).
J. S55028/16

- 2 -

On September 28, 2015, Appellant filed a pro se Motion for Sentencing 

Transcripts. The trial court denied Appellant’s Motion on October 1, 2015. 

This timely appeal followed.

In Appellant’s sole issue on appeal, he claims that the trial court erred 

in denying his request for sentencing transcripts in order to pursue an 

appeal “thus interfering with [his] 1st Amendment to petition government for 

redress.” Appellant’s Brief at 2.

The trial court explained its decision to deny Appellant’s Motion as 

follows:

Constitutional due process and equal protection require 

that a criminal defendant be afforded copies of his trial 

transcripts in order to effectively proceed on appeal. 

Griffin v. Illinois, 351 U.S. 12[ ] (1956). A defendant is 

entitled to said transcripts if the same is requested within 

ninety days from the date of verdict. Commonwealth 

v. Bear, [ ]423 A.2d 1045 (1980) [emphasis added]. 

After the ninety-day period the request is granted at the 

discretion of the Court. Commonwealth v. Ballem, [ 

]482 A.2d 1322 (1984). Where a request is untimely and 

invokes [the] discretion of the Court, the request must 

allege some basis, which would justify the exercise of the 

Court’s discretion. Id. In the instant case, [Appellant] 

filed his request for transcripts on or about September 28, 

2015. [Appellant’s] request is untimely in as much as 

[Appellant] entered a plea of guilty on July 16, 2014 and 

was sentenced on January 12, 2015. Moreover, 

[Appellant’s] request does not allege some basis that 

would demonstrate that a compelling reason exists for an 

exercise of our discretion and grant of [Appellant’s]

request for transcripts. 

Trial Ct. Order, 10/1/15, at fn 1.
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We agree with the trial court. Our review of the record indicates that 

Appellant’s Motion for Sentencing Transcript was patently untimely, 

Appellant having filed it more than eight months after the date of the 

verdict. Appellant had no action pending at the time he filed it. Moreover, 

Appellant did not include in his Motion a discussion of any grounds for the 

trial court to, in its discretion, grant his Motion. Accordingly, we find no 

abuse of the trial court’s discretion in denying Appellant’s Motion for 

Sentencing Transcripts. See Commonwealth v. Crider, 735 A.2d 730, 733 

(Pa. Super. 1999) (holding a trial court is not required to grant a defendant’s 

request for transcripts to pursue an appeal or PCRA relief where no such 

action is pending); Ballem, supra at 1324.

Order affirmed. Jurisdiction relinquished. 

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 8/4/2016