Com. v. Campbell, M. (memorandum)

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J-S27024-13 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 IN THE SUPERIOR COURT OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, Appellee v. MILTON JAMES CAMPBELL, Appellant No. 1571 WDA 2012 Appeal from the Judgment of Sentence August 28, 2012 In the Court of Common Pleas of Erie County Criminal Division at No(s): CP-25-CR-0000104-2012 BEFORE: STEVENS, P.J., BOWES, and MUSMANNO, JJ. MEMORANDUM BY BOWES, J.: FILED: May 8, 2013 Milton James Campbell appeals from the judgment of sentence of one year and three months to two years and six months incarceration imposed by the trial court after he pled guilty to possession with intent to deliver (PWID) cocaine. Counsel has filed a petition to withdraw from representation and a brief pursuant to Anders v. California, 386 U.S. 738 (1967), and Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009). We grant counsel s petition to withdraw and affirm. Following the unsuccessful litigation of a suppression motion, Appellant pled guilty to one count of PWID cocaine. In exchange, the Commonwealth agreed to nolle prosse a conspiracy to commit PWID cocaine charge as well as charges of simple possession of cocaine, possession of drug paraphernalia, and possession of a small amount of marijuana. Additionally, J-S27024-13 the Commonwealth agreed not to seek a mandatory minimum sentence. The facts giving rise to the plea involved a drug sale of 12.3 grams of cocaine at 807 Chestnut Street in Erie, Pennsylvania to a confidential informant. After Appellant pled guilty, the sentencing court placed on the record that it considered a pre-sentence report, the sentencing guidelines, statements from defense counsel and letters received from both Appellant and those sent on his behalf. It noted Appellant had a prior record score of five, which included seventeen adult criminal convictions, and he was on parole at the time of the commission of this crime. The court then imposed the aforementioned sentence. This timely appeal ensued. The trial court directed Appellant to file and serve a Pa.R.A.P. 1925(b) concise statement of errors complained of on appeal. authored its Pa.R.A.P. Appellant complied, and the trial court 1925(a) opinion. Counsel now files an Anders/Santiago brief and petition to withdraw. Initially, we note that we may not address the merits of the issue raised on appeal Commonwealth without v. Rojas, first reviewing 874 A.2d the 638, request 639 to withdraw. (Pa.Super. 2005). Therefore, we review counsel s petition at the outset. Our Supreme Court s decision in Santiago, supra, did not alter the procedural requirements counsel must satisfy in requesting to withdraw from representation. Counsel must: 1) petition the court for leave to withdraw stating that, after making a -2- J-S27024-13 conscientious examination of the record, counsel has determined that the appeal would be frivolous; 2) furnish a copy of the brief to the defendant; and 3) advise the defendant that he or she has the right to retain private counsel or raise additional arguments that the defendant deems worthy of the court s attention. Commonwealth v. Lilley, 978 A.2d 995, 997 (Pa.Super. 2009). Herein, counsel s petition to withdraw from representation states that she reviewed the record and concluded that there are no issues of merit. Additionally, counsel notified Appellant that she was withdrawing and furnished Appellant with copies of the petition to withdraw and Anders brief, and advised Appellant of his right to retain new counsel or proceed pro se to raise any points he believes worthy of this Court s attention. Accordingly, counsel has satisfied the procedural requirements of Anders. Having concluded that counsel has complied with the procedural mandates of Anders, we now determine whether counsel s Anders brief meets the substantive dictates of Santiago. According to Santiago: in the Anders brief that accompanies court-appointed counsel's petition to withdraw, counsel must: (1) provide a summary of the procedural history and facts, with citations to the record; (2) refer to anything in the record that counsel believes arguably supports the appeal; (3) set forth counsel's conclusion that the appeal is frivolous; and (4) state counsel's reasons for concluding that the appeal is frivolous. Counsel should articulate the relevant facts of record, controlling case law, and/or statutes on point that have led to the conclusion that the appeal is frivolous. Santiago, supra at 361. -3- J-S27024-13 Instantly, counsel provided the facts and procedural history of the case. Additionally, she refers to a suppression claim as an issue that could arguably support the appeal, and concludes that the issue is wholly frivolous. She reasons that the issue is frivolous because Appellant pled guilty and, by doing so, limited any challenges on appeal to the voluntariness of his plea, the jurisdiction of the court, and the legality of his sentence. We agree. It is well-established that a guilty plea precludes challenges that do not relate to the entry of the plea itself, i.e., whether it was knowingly, intelligently, and voluntarily entered, the jurisdiction of the court, and the legality of the sentence. Commonwealth v. Main, 6 A.3d 1026 (Pa.Super. 2010). Since Appellant pled guilty rather than proceed to a non-jury or jury trial, his claim is waived. In addition, our independent review of the record confirms that Appellant s sentence did not exceed the statutory maximum, that the court had jurisdiction, and the prosecutor colloquied Appellant regarding his legal rights. Accordingly, we agree that no preserved non- frivolous issues exist. Judgment of sentence affirmed. Emily E. Mosco, Esq. petition to withdraw is granted. Jurisdiction relinquished. Judgment Entered Deputy Prothonotary Date: 5/8/2013 -4- J-S27024-13 -5-

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