Rule 83 Violation If the Appeal Was Filed on Time
Does Violation of Rule 83 Require a Dismissal Where There is a Timely Appeal to the Court of Common Pleas and the Defendant is Not Prejudiced by Procedural Misstep ?
In Commonwealth v. Edwards, 406 Pa. Super. 478, 594 A.2d 720 (Pa. Super. 1991), the Court held that a violation of Rule 83 does not require dismissal where there is a timely appeal to the Court of Common Pleas and the defendant is in no way prejudiced by the procedural misstep.
Appellant has not been prejudiced in any way by any defect in sentencing at the district justice level since he filed a timely appeal and was tried and sentenced de novo.
Dismissal is not warranted on this basis.