Com. v. Roby, K. (dissenting memorandum)

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J-S67020-13 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA, Appellee v. KEVIN ROBY, Appellant : : : : : : : : : IN THE SUPERIOR COURT OF PENNSYLVANIA No. 505 MDA 2013 Appeal from the PCRA Order Entered January 31, 2013, In the Court of Common Pleas of Lackawanna County, Criminal Division, at No. CP-35-CR-0003347-2008. BEFORE: SHOGAN, ALLEN and MUSMANNO, JJ. DISSENTING MEMORANDUM BY SHOGAN, J.: FILED NOVEMBER 25, 2013 I respectfully dissent. Counsel has failed to meet the requirements of Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988), and Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (en banc), for seeking to withdraw from representation in a collateral proceeding. Additionally, the purported Anders brief counsel filed with this Court fails to meet the requirements of Anders v. California, 386 U.S. 738 (1967), and Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009). Unlike the majority, I would not ignore or excuse counsel s omissions and the defectiveness of the submitted brief to address the merits of Appellant s claim. Rather, I would remand for the filing of a proper petition to withdraw and a no-merit letter or an advocate s brief.

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