Commonwealth v. Savage

After receiving a traffic ticket, the defendant was convicted in absentia. Approximately sixty days later, the defendant filed a petition seeking permission to appeal nunc pro tunc, which the trial court denied. The Superior Court reversed the order of the trial court. The Court ruled that the trial court erred by relying upon the mailbox rule to satisfy the requirement that the defendant received notice of her in absentia conviction. The notice mailed to the defendant was incorrectly addressed, which precluded the application of the mailbox rule’s presumption of receipt.

SAVAGE