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Rule 462 – Trial De Novo

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) When a defendant appeals after the entry of a guilty plea or a conviction by an issuing authority in any summary proceeding, upon the filing of the transcript and other papers by the issuing authority, the case shall be heard de novo by the judge of the court of common pleas sitting without a jury.
(B) The attorney for the Commonwealth may appear and assume charge of the prosecution. When the violation of an ordinance of a municipality is charged, an attorney representing that municipality, with the consent of the attorney for the Commonwealth, may appear and assume charge of the prosecution. When no attorney appears on behalf of the Commonwealth, the affiant may be permitted to ask questions of any witness who testifies.
(C) In appeals from summary proceedings arising under the Vehicle Code or local traffic ordinances, other than parking offenses, the law enforcement officer who observed the alleged offense must appear and testify. The failure of a law enforcement officer to appear and testify shall result in the dismissal of the charges unless:

(1) the defendant waives the presence of the law enforcement officer in open court on the record;
(2) the defendant waives the presence of the law enforcement officer by filing a written waiver signed by the defendant and defense counsel, or the defendant if proceeding pro se, with the clerk of courts; or
(3) the trial judge determines that good cause exists for the law enforcement officer’s unavailability and grants a continuance.
(D) If the defendant fails to appear, the trial judge may dismiss the appeal and enter judgment in the court of common pleas on the judgment of the issuing authority.
(E) If the defendant withdraws the appeal, the trial judge shall enter judgment in the court of common pleas on the judgment of the issuing authority.
(F) If the defendant has petitioned the trial judge to permit the taking of an appeal nunc pro tunc and this petition is denied, the trial judge shall enter judgment in the court of common pleas on the judgment of the issuing authority.
(G) The verdict and sentence, if any, shall be announced in open court immediately upon the conclusion of the trial, or, in cases in which the defendant may be sentenced to intermediate punishment, the trial judge may delay the proceedings pending confirmation of the defendant’s eligibility for intermediate punishment.
(H) At the time of sentencing, the trial judge shall:

(1) if the defendant’s sentence includes restitution, a fine, or costs, state:

(a) the amount of the fine and the obligation to pay costs;
(b) the amount of restitution ordered, including

(i) the identity of the payee(s),
(ii) to whom the restitution payment shall be made, and
(iii) whether any restitution has been paid and in what amount; and
(c) the date on which payment is due.

If the defendant is without the financial means to pay the amount in a single remittance, the trial judge may provide for installment payments and shall state the date on which each installment is due;

(2) advise the defendant of the right to appeal to the Superior Court within 30 days of the imposition of sentence, and that, if an appeal is filed, the execution of sentence will be stayed and the trial judge may set bail;
(3) if a sentence of imprisonment has been imposed, direct the defendant to appear for the execution of sentence on a date certain unless the defendant files a notice of appeal within the 30-day period; and
(4) issue a written order imposing sentence, signed by the trial judge. The order shall include the information specified in paragraphs (H)(1) through (H)(3), and a copy of the order shall be given to the defendant.
(I) After sentence is imposed by the trial judge, the case shall remain in the court of common pleas for the execution of sentence, including the collection of any fine and restitution, and for the collection of any costs.

234 Pa. Code ยง 462

Amended by Pennsylvania Bulletin, Vol 46, No. 13. March 26, 2016, effective 7/1/2016
Amended by Pennsylvania Bulletin, Vol 48, No. 02. January 13, 2018, effective 1/13/2018
Amended by Pennsylvania Bulletin, Vol 51, No. 6. February 6, 2021, effective 2/6/2021

Committee Explanatory Reports:

FORMER RULE 86:

Final Report explaining the March 22, 1993 amendments to former Rule 86 published with the Court’s Order at 23 Pa.B. 1685, 1699 (April 10, 1993) .

Final Report explaining the October 28, 1994 amendments to former Rule 86 published with the Court’s Order at 24 Pa.B. 5841, 5843 (November 26, 1994) .

Final Report explaining the February 27, 1995 amendments to former Rule 86 published with the Court’s Order at 25 Pa.B. 933, 935 (March 18, 1995) .

Final Report explaining the October 1, 1997 amendments to former Rule 86 concerning stays published with the Court’s Order at 27 Pa.B. 5408, 5413 (October 18, 1997) .

Final Report explaining the May 14, 1999 amendments to former Rule 86, paragraph (G) , concerning the police officer’s presence published with the Court’s Order at 29 Pa.B. 2770, 2776 (May 29, 1999) .

NEW RULE 462:

Final Report explaining the reorganization and renumbering of the rules and the provisions of Rule 462 published at 30 Pa.B. 1477, 1478 (March 18, 2000) .

Final Report explaining the March 3, 2000 amendments concerning appeals from guilty pleas published with the Court’s Order at 30 Pa.B. 1508 (March 18, 2000) .

Final Report explaining the February 28, 2003 amendments published with the Court’s Order at 33 Pa.B. 1324, 1326 (March 15, 2003) .

Final Report explaining the March 26, 2004 Comment revision published with the Court’s Order at 34 Pa.B. 1929, 1931 (April 10, 2004) .

Final Report explaining the January 18, 2007 amendment to paragraph (G) (2) published with the Court’s Order at 37 Pa.B. 523, 526 (February 3, 2007) .

Final Report explaining the December 16, 2008 amendments to permit delay in sentencing for determination of intermediate punishment status published with the Court’s Order at 39 Pa.B. 8 (January 3, 2009) .

Final Report explaining the October 16, 2009 Comment revision regarding new Rule 1037 and procedures for the appeal from the Philadelphia Traffic Court published with the Court’s Order at 39 Pa.B. 6327, 6329 (October 31, 2009) .