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Yakubik v. Commonwealth2/11/2004
ity upon which the trial court relied in permitting an untimely appeal no longer controls. Moreover, there is no contention by Yakubik that his appeal is timely or that other circumstances warrant allowance of an untimely appeal.
We recently held that an untimely appeal was not warranted under materially identical circumstances. In Freedman v. Dep't of Transp., Bureau of Driver Licensing, ___ A.2d ___ (Pa. Cmwlth. 2003)(1141 C.D. 2003, filed February 10, 2004), we vacated a trial court order granting an untimely appeal in an interlock case, and we remanded with instructions to quash the appeal. Freedman controls here. Accordingly, we enter the same order.
ROBERT SIMPSON, Judge
Judge Pellegrini concurs in the result only.
ORDER
AND NOW, this 11th day of February, 2004, the order of the Court of Common Pleas of Luzerne County is hereby vacated and the above-captioned matter is remanded with instructions to quash Yakubik's appeal as untimely.
Jurisdiction relinquished.
ROBERT SIMPSON, Judge
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