Questione giuridica chiave
Whether the criminal appeal was admissible under Art. 80 LTF despite the cantonal judgment being issued by the President of the Pretura penale.
Decisione estratta
No. The Pretura penale was not a 'superior court' because its decisions could still be appealed in other matters to a cantonal appellate instance; therefore the Federal Supreme Court lacked a proper cantonal last-instance decision.
Motivazione estratta
A court is 'superior' only if it has jurisdiction over the whole canton and is not subject to any other judicial authority. Because Ticino law still allowed appeal to the Court of Appeal and Review in Criminal Matters, the prerequisite was missing.