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Rule 721 – Procedures for Commonwealth Challenges to Sentencing; Sentencing Appeals

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) Commonwealth Challenges to Sentence

(1) The Commonwealth may challenge a sentence by filing a motion to modify sentence, by filing an appeal on a preserved issue, or by filing a motion to modify sentence followed by an appeal.
(2) Sentencing issues raised by the Commonwealth at the sentencing proceeding shall be deemed preserved for appeal whether or not the Commonwealth elects to file a motion to modify sentence on those issues.
(B) Timing

(1) Motion for Modification of Sentence. A Commonwealth motion for modification of sentence shall be filed no later than 10 days after imposition of sentence.
(2) Appeal of Sentence.

(a) Appeal Directly from Order Imposing Sentence.

(i) If the defendant has filed a post-sentence motion, and the Commonwealth elects to challenge the sentence by filing an appeal directly from the order imposing sentence, notice of the Commonwealth’s appeal shall be filed within 30 days of the entry of the order disposing of the defendant’s post-sentence motion pursuant to Rule 720(B)(3).
(ii) If the defendant has not filed a post-sentence motion, the Commonwealth’s notice of appeal shall be filed within 30 days of the imposition of sentence.
(b) Appeal following Disposition of Commonwealth Motion to Modify Sentence.

(i) If the defendant has filed a post-sentence motion, the Commonwealth’s notice of appeal shall be filed within 30 days of the entry of the orders disposing of the Commonwealth’s and the defendant’s motions pursuant to paragraph (C)(1).
(ii) If the defendant has not filed a post-sentence motion, the Commonwealth’s notice of appeal shall be filed within 30 days of the entry of the order disposing of the Commonwealth’s motion pursuant to paragraph (C)(2).
(C) Trial Court Action; Disposition

If the attorney for the Commonwealth files a timely motion for modification of sentence pursuant to paragraph (A)(1), the judge shall dispose of the motion as provided in this paragraph.

(1) If the defendant has filed a post-sentence motion, the judge shall not vacate sentence but shall decide the Commonwealth’s motion and the defendant’s post-sentence motion simultaneously. The Rule 720(B)(3) time limits for deciding the defendant’s post-sentence motion, including the automatic denial provisions, shall apply to the disposition of the Commonwealth’s motion. The starting date for disposition of both motions shall be the date on which the defendant filed the post-sentence motion.
(2) If the defendant has not filed a post-sentence motion, the judge shall not vacate sentence but shall decide the Commonwealth’s motion within 120 days of the filing of the motion. If the judge fails to decide the Commonwealth’s motion within 120 days, the motion shall be deemed denied by operation of law.
(D) Entry of Order by Clerk of Courts

(1) When the Commonwealth’s motion for modification of sentence is denied by operation of law, the clerk of courts shall forthwith:

(a) enter an order on behalf of the court denying the Commonwealth’s motion for modification of sentence by operation of law; and
(b) furnish a copy of the order, by mail or personal delivery, to the attorney for the Commonwealth, the defendant, and defense counsel.
(2) An order entered by the clerk of courts pursuant to this section shall not be subject to reconsideration.

234 Pa. Code ยง 721

Committee Explanatory Reports:

Final Report explaining the new rule published with the Court’s Order at 27 Pa.B. 4553 (September 6, 1997).

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1478 (March 18, 2000).

Final Report explaining the March 3, 2004 amendments updating the cross-references correlative to the March 3, 2004 changes to the motions rules published with the Court’s Order at 34 Pa.B. 1561 (March 20, 2004).

Final Report explaining the January 18, 2007 amendments clarifying the time for appeal in paragraph (B)(2)(a)(ii) published with the Court’s Order at 37 Pa.B. 526 (February 3, 2007).