J-S27036-17

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT OF

PENNSYLVANIA

Appellant

v.

LESLIE D. BAKER,

Appellee No. 2537 EDA 2016

Appeal from the Order July 18, 2016

in the Court of Common Pleas of Delaware County

Criminal Division at No.: CP-23-CR-0001520-1994

BEFORE: GANTMAN, P.J., OTT, J., and PLATT, J.*

JUDGMENT ORDER BY PLATT, J.: FILED JUNE 23, 2017

The Commonwealth appeals from the order granting the motion to 

dismiss filed on behalf of Appellee, Leslie D. Baker, pursuant to Pennsylvania 

Rule of Criminal Procedure 600.1 After failing to appear at her arraignment 

in 1994, Appellee turned herself in twenty years later, in 2014, and then 

filed the instant motion. The trial court, after a hearing, granted the motion, 

reasoning chiefly that the Commonwealth failed to exercise due diligence. 

____________________________________________

* Retired Senior Judge assigned to the Superior Court.

1

Pa.R.Crim.P. 1100 was renumbered Rule 600 and amended March 1, 2000, 

effective April 1, 2001. See Pa.R.Crim.P. 600. The pertinent provisions 

remain the same. 
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The Commonwealth had no duty to exercise due diligence after Appellee 

failed to appear. Accordingly, we vacate and remand. 

Charged with violations of driving under the influence, roadways laned 

for traffic, restrictions on alcoholic beverages, and driving without a license, 

Appellee appeared in district court, was held over for arraignment, and 

released on her own recognizance. Appellee failed to appear for arraignment 

on June 30, 1994. The court issued a bench warrant for her. She turned 

herself in over twenty years later, on December 15, 2014. Appellee filed a 

motion to dismiss and the trial court, after a hearing, granted the motion. 

This timely appeal followed.2 

The Commonwealth presents one question for our review:

Whether the trial court abused its discretion by granting 

[Appellee’s] Rule 600 [m]otion to [d]ismiss where following her 

preliminary hearing, [Appellee] signed a [s]ubpoena with notice 

for her [a]rraignment in Common Pleas Court along with other 

documents but failed to appear at [a]rraignment and the signed 

[s]ubpoena was contained in the transcript certified and 

transmitted under the seal of the Magisterial District [Judge]?

(Commonwealth’s Brief, at 1).

Our standard of review is well-settled. We review Rule 600 issues for 

abuse of discretion. Our scope of review is limited to the evidence on the 

record of the evidentiary hearing, and the findings of the trial court, viewed 

in the light most favorable to the prevailing party. Rule 600 serves a dual 

____________________________________________

2 The Commonwealth filed a statement of errors on September 6, 2016. The 

trial court filed its opinion on September 30, 2016. See Pa.R.A.P. 1925. 
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purpose, protecting the accused’s speedy trial rights, and the collective right 

of society to effective prosecution of criminal cases, to restrain the guilty and 

to deter those contemplating crime. See Commonwealth v. Tickel, 2 A.3d 

1229, 1233 (Pa. Super. 2010), appeal denied, 23 A.3d 541 (Pa. 2011). “The 

proper application of discretion requires adherence to the law, and we 

exercise plenary review of legal questions.” Commonwealth v. Baird, 975 

A.2d 1113, 1118 (Pa. 2009) (citation omitted).

Here, the trial court reasons chiefly that the Commonwealth failed to 

exercise due diligence. (See Trial Court Opinion, 9/30/16, at 1, 5-11). We 

are constrained to disagree. 

“[W]here a period of delay is caused by the defendant’s willful 

failure to appear at a court proceeding of which he has notice, 

exclusion is warranted. Further, if a defendant is deemed to 

have had reasonable notice of court proceedings, but fails to 

appear, the Commonwealth’s due diligence in attempting 

to locate him need not be assessed.” 

Baird, supra at 1118 (emphasis added) (citations omitted).3 

____________________________________________

3 The trial court also questioned the authenticity of Appellee’s signature. 

(See Trial Ct. Op., at 4, 11). There is no support in the record before us for 

this suggestion of forgery. Instead, the trial court cites Commonwealth, 

Dep't of Transp., Bureau of Driver Licensing v. Emery, 580 A.2d 909 

(Pa. Cmwlth. 1990), a decision from our sister Commonwealth Court. Its 

reliance is misplaced. This Court is not bound by any decision of the 

Commonwealth Court. See Forrester v. Hanson, 901 A.2d 548, 552 (Pa. 

Super. 2006). Further, the issue in Emery was not the authenticity of a 

signature, but the adequacy of proof of conviction to support a license 

suspension. The Commonwealth Court held that copies of a district justice’s 

records that contain the necessary elements of certification, including the 

signature and seal of a judicial officer, were admissible to prove the 

(Footnote Continued Next Page)
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Moreover, Appellee’s motion to dismiss relied solely on the passage of 

time and a claim of the Commonwealth’s failure to exercise due diligence. 

(See Motion to Dismiss Pursuant to Rule 600, Pa.R.Crim.P., 1/29/15, at 1-

3). The trial court acknowledges but otherwise ignores society’s right to 

punish and deter crime. (See Trial Ct. Op. at 7); see also Tickel, supra at 

1233. 

Order vacated. Case remanded for trial. Jurisdiction relinquished.

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 6/23/2017

(Footnote Continued) _______________________

disposition of a motor vehicle violation. See Emery, supra at 912. Here, 

certification by the district justice supports the Commonwealth’s position 

rather than refutes it. Even as a burden of proof issue, the Emery decision 

does not support this trial court’s disposition.