J-S52033-20 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : SRECKO PESIKAN : : Appellant : No. 506 EDA 2020 Appeal from the Judgment of Sentence Entered October 2, 2019 In the Court of Common Pleas of Bucks County Criminal Division at No(s): CP-09-CR-0001911-2019 BEFORE: PANELLA, P.J., McCAFFERY, J., and STEVENS, P.J.E.* MEMORANDUM BY STEVENS, P.J.E.: FILED: JANUARY 25, 2021 Appellant Srecko Peskian appeals from the Judgment of sentence entered in the Court of Common Pleas of Bucks County on October 2, 2019.1 We affirm. ____________________________________________ * Former Justice specially assigned to the Superior Court. 1 Judgment of sentence was imposed in this matter on October 2, 2019, and on October 7, 2019, Appellant filed a post-sentence motion. In his notice of Appeal filed on December 19, 2019, Appellant purports to appeal from an order entered on November 21, 2019; however the docket entry for that date initially did not reflect an order but rather indicated “Hearing Held- Reconsideration of Sentence.” The docket entry for November 21, 2019, was later updated to state “Hearing Held- Reconsideration of Sentence Denied.” The trial court then entered an Order on March 12, 2020, denying Appellant’s post-sentence motion. Thus, Appellant erroneously has stated this appeal is from the November 21, 2019, “Hearing Held-Reconsideration of Sentence.” “In a criminal action, appeal properly lies from judgment of sentence made final by the denial of post-sentence motions.” Commonwealth v. Shamberger, 788 A.2d 408, 410 n.2 (Pa.Super. 2001) (en banc) (citation omitted), appeal denied, 800 A.2d 932 (Pa. 2002). However, Pa.R.A.P. 905(a)(5) provides that “[a] notice of appeal filed after the announcement of J-S52033-20 On August 17, 2018, Appellant was arrested and charged with possession of a controlled substance by an inmate and possession of a controlled substance.2 These charges stemmed from his possession of Suboxone while he was an inmate at the Bucks County Correctional Facility.3 On October 2, 2019, Appellant entered a negotiated guilty plea to the aforementioned charges. During the plea, Appellant, who is not a United States citizen and is an immigrant from Bosnia, was questioned regarding his immigration status. N.T., 10/2/19, at 21-22. As part of the negotiated plea, the Commonwealth agreed to cap the case at eighteen (18) to thirty-six (36) months in a state correctional facility. Id. at 11. Counsel for Appellant urged the trial court to consider a sentence below that to “give [Appellant] a chance to stay in this country. . . .” Id. at 50. After considering Appellant’s criminal history, difficult upbringing and problems with substance abuse, the trial court ultimately sentenced Appellant in the “very low end of the standard range” to fifteen (15) to thirty-six (36) months in prison. Id. at 54-56. On October 7, 2019, Appellant filed a timely motion for reconsideration of his sentence. Significantly, he did not file any additional post-sentence ____________________________________________ a determination but before the entry of an appealable order shall be treated as filed after ...
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