Com. v. Kennedy, Y. (judgment order)
Annotate this Case
Download PDF
J-S22022-14 NON-PRECEDENTIAL DECISION SEE SUPERIOR COURT I.O.P 65.37 COMMONWEALTH OF PENNSYLVANIA, Appellee v. YASIN SHARIF KENNEDY, Appellant : : : : : : : : : IN THE SUPERIOR COURT OF PENNSYLVANIA No. 1365 MDA 2013 Appeal from the Judgment of Sentence December 13, 2011, Court of Common Pleas, Lackawanna County, Criminal Division at No(s): CP-35-CR-0000304-2011, CP-35-CR-0000306-2011 and CP-35-CR-0003242-2010 BEFORE: PANELLA, DONOHUE and MUNDY, JJ. JUDGMENT ORDER BY DONOHUE, J.: sentence entered on December 13, 2011. FILED MAY 20, 2014 The record reveals that on January 5, 2012, Kennedy filed a timely notice of appeal. At the same time, his court-appointed counsel filed a petition to withdraw. The trial court granted this petition, and on February 15, 2012, the trial court appointed represent him. On April 22, 2012, the trial court entered an order requiring Kennedy to file a statement of errors complained of on appeal pursuant to Rule 1925(b) statement must be filed of record and served upon the trial J-S22022-14 Trial Court Opinion, 4/22/13.1 Although Counsel appended a Rule a Rule 1925(b) statement of record.2 The failure to file a Rule 1925(b) court. statement, when so ordered by the trial court, is per se ineffective assistance of counsel. Commonwealth v. Mitchell, 986 A.2d 1241, 1244 n.4 (Pa. Super. 2009). Accordingly, we remand this case for Counsel to file nunc pro tunc, to serve the Rule 1925(b) statement upon the trial court, and for the trial court to author an opinion in response thereto. See id.; Pa.R.A.P. 1925(c)(3). Counsel shall file the Rule 1925(b) statement within five days of the date of this judgment order, and the trial court shall file its opinion within 45 days of the date upon which the Rule 1925(b) statement is filed. We further note that the record lacks all transcripts except for the very brief transcript from transcripts, including all trial transcripts, are included in the certified record before its return to this Court. Case remanded. Jurisdiction retained. 1 This is in conformance with Pa.R.A.P. 1925(b)(1), which requires that the Rule 1925(b) statement be filed of record and served on the trial court. 2 We question whether Counsel served the trial court with this Rule 1925(b) statement, as the trial court did not file an opinion addressing the issues Kennedy sought to raise on appeal. See Pa.R.A.P. 1925(a). -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
