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* Retired Senior Judge assigned to the Superior Court.

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA

v.

MARC D. MOORE 

Appellant

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 1421 EDA 2016

Appeal from the Judgment of Sentence April 21, 2016

In the Court of Common Pleas of Philadelphia County Criminal Division at 

No(s): CP-51-CR-0000786-2014

BEFORE: LAZARUS, J., OLSON, J., and STRASSBURGER*, J.

JUDGMENT ORDER BY LAZARUS, J.: FILED JANUARY 30, 2019

Marc D. Moore appeals from the judgment of sentence, entered in the 

Court of Common Pleas of Philadelphia County, following a jury trial in 

absentia, which resulted in convictions for possession of a controlled 

substance with intent to deliver1 and knowing possession of a controlled 

substance.2 Upon review, we quash the appeal.

On July 17, 2013, police officers surveilling the 2300 block of West 

Nicholas Street in Philadelphia saw Moore exchange what appeared to be crack 

cocaine for money from an unknown individual. The officers subsequently 

arrested Moore and recovered from his person $221.00 and nineteen packets 

of what later tested to be crack cocaine. 

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1 35 P.S. § 780-113(A30). 

2 35 P.S. § 780-113(A16).
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Moore attended his preliminary hearing on January 21, 2014, voir dire

on February 10, 2016, and the first day of trial on February 11, 2016. He 

failed to appear for the second day of trial on February 12, 2016. After waiting 

until 11:00 AM, the Commonwealth moved to proceed in absentia. Officer 

John Brady testified to calling Moore’s known phone numbers, including his 

most recent home addresses, as well as contacting local hospitals, the medical 

examiner’s office, and state, local, and federal prisons. The Commonwealth 

entered into evidence a subpoena, signed by Moore, requiring his attendance 

at trial on February 12, 2016. The court found that Moore had willfully 

absented himself from trial and allowed the Commonwealth to proceed in 

absentia. On February 16, 2016, the jury found Moore guilty of the 

aforementioned offenses. 

Moore did not appear for his sentencing hearing on April 16, 2016. The 

Commonwealth presented the testimony of Detective Yusuf Jackson, who 

searched unsuccessfully for information on Moore’s whereabouts by contacting 

the owners or tenants of Moore’s last three known addressees, local hospitals, 

and local, state, and federal prisons. The court ruled that reasonable efforts 

had been made to locate Moore and sentenced him in absentia to a term of 

two to four years’ incarceration. The instant appeal followed on May 11, 2016, 

filed on Moore’s behalf by the Defender Association of Philadelphia. Moore 

has yet to be located. 

“On direct appeal . . . a defendant’s status during the 30-day appeal 

period controls whether an appellate court will hear his appeal.” 
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Commonwealth v. Doty, 997 A.2d 1184, 1189 (Pa. Super. 2010). Moore 

forfeited his right to direct appeal by absconding during trial, failing to appear 

during sentencing, and remaining a fugitive during the 30-day period allotted 

for filing an appeal. See Commonwealth v. Deemer, 705 A.2d 827, 829

(Pa. 1997) (“If [a fugitive] returns after the time for filing an appeal has 

elapsed, his request to file an appeal should be denied. . . . In short, a fugitive 

who returns to court should be allowed to take the system of criminal justice 

as he finds it upon his return: if time for filing has elapsed, he may not file; 

if it has not, he may.”); see also Commonwealth v. Adams, 2019 WL 

286560, at *8 (Pa. 2019) (affirming Deemer applies, even if counsel timely 

filed notice of appeal, under circumstances where appellant absconded prior 

to trial, during sentencing, during-post trial motions and during 30-day period 

allotted for notice of appeal). We, therefore, quash Moore’s appeal. See 

Commonwealth v. Hunter, 952 A.2d 1177, 1178 (Pa. Super 2008) 

(quashing where fugitive was absent from time of sentencing until being 

apprehended after appeal deadline passed). 

Appeal quashed. 

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 1/30/19