Commonwealth v. Martinez

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating, “a trial court retains jurisdiction to rule on a post-sentence motion only for the duration of the disposition period as set forth in [Rule] 720(B)(3)”
• stating that “this Court has consistently held that an order issued by the trial court after expiration of the 120-day time limit, resulting in the denial of the post-sentence motion by operation of law, is a legal nullity due to the court’s lack of jurisdiction.”
• stating, “a trial court retains jurisdiction to rule on a post-sentence motion only for the duration of the disposition period as set forth in [Rule] 720(B)(3)” (original quotation marks and citation omitted)
• stating, “this Court has consistently held that an order issued by the trial court after expiration of the 120-day time limit, resulting in the denial of the post-sentence motion by operation of law, is a legal nullity due to the [trial] court's lack of jurisdiction”
• trial court lacked jurisdiction to resentence defendant due to failure to impose new sentence within time limits prescribed under Pa.R.Crim.P. 721
• trial court could not grant Commonwealth’s post-sentence motion more than 120 days after filing, as it was divested of jurisdiction to do so

Source: CourtListener parenthetical corpus (CC0).

Cited by

4 cases in this archive cite this case.

• Com. v. Green, D.
  Superior Court of Pennsylvania· 2021-10-25· cited 8×
• Com. v. Goslin, A.
  Superior Court of Pennsylvania· 2016-07-06
• Com. v. Marrero-Nardo, S., Sr.
  Superior Court of Pennsylvania· 2018-12-26
• Com. v. Albert, D.
  Superior Court of Pennsylvania· 2026-01-08

Cites

4 cases in this archive are cited by this case.

• Commonwealth v. Tobin
  Superior Court of Pennsylvania· 2014-04-01· cited 140×
• Commonwealth v. Catt
  Superior Court of Pennsylvania· 2010-05-10· cited 35×
• Commonwealth v. Santone
  Superior Court of Pennsylvania· 2000-08-03· cited 27×
• Commonwealth v. Bentley
  Superior Court of Pennsylvania· 2003-08-21· cited 13×