Commonwealth v. Savage

After receiving a traffic ticket, Savage was found guilty in absentia. Approximately sixty days later, Savage 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 rule that the trial court erred by relying upon the mailbox rule to satisfy the requirement that Savage received notice of her in absentia conviction. The notice mailed to Savage was incorrectly addressed, which precludes the application of the mailbox rule’s presumption of receipt.