Com. v. Marrero, J. (memorandum)
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J-S35012-14 NON-PRECEDENTIAL DECISION SEE SUPERIOR COURT I.O.P 65.37 COMMONWEALTH OF PENNSYLVANIA, Appellee v. JOHN STEVEN MARRERO, Appellant : : : : : : : : : IN THE SUPERIOR COURT OF PENNSYLVANIA No. 2267 MDA 2013 Appeal from the Judgment of Sentence October 2, 2013, Court of Common Pleas, Berks County, Criminal Division at No. CP-06-CR-0002386-2013 COMMONWEALTH OF PENNSYLVANIA, Appellee v. JOHN STEVEN MARRERO, Appellant : : : : : : : : : IN THE SUPERIOR COURT OF PENNSYLVANIA No. 2268 MDA 2013 Appeal from the Judgment of Sentence October 2, 2013, Court of Common Pleas, Berks County, Criminal Division at No. CP-06-CR-0002765-2013 BEFORE: DONOHUE, WECHT and STRASSBURGER*, JJ. MEMORANDUM BY DONOHUE, J.: FILED JUNE 06, 2014 sentence entered on October 2, 2013 by the Court of Common Pleas, Berks County, following his convictions for two counts of burglary1 and one count 1 18 Pa.C.S.A. § 3502(a)(1). *Retired Senior Judge assigned to the Superior Court. J-S35012-14 of possession of drug paraphernalia.2 Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967) and Commonwealth v. Santiago, 978 A.2d 349, 361 (Pa. 2009). Upon review, we remand for Counsel to file a proper petition to withdraw, in compliance with Anders. There are particular mandates that counsel seeking to withdraw pursuant to Anders must follow. These mandates and the significant protection they provide to an Anders appellant arise because a criminal defendant has a constitutional right to a direct appeal and to counsel on that appeal. Commonwealth v. Woods, 939 A.2d 896, 898 (Pa. Super. 2007). We have summarized these requirements as follows: Direct appeal counsel seeking to withdraw under Anders must file a petition averring that, after a conscientious examination of the record, counsel finds the appeal to be wholly frivolous. Counsel must also file an Anders brief setting forth issues that might arguably support the appeal along with any other issues necessary for the effective appellate presentation thereof. Anders counsel must also provide a copy of the Anders petition and brief to the appellant, advising the appellant of the right to retain new counsel, proceed pro se or raise any additional points worthy If counsel does not fulfill the aforesaid technical requirements of Anders, this Court will deny the petition to withdraw and remand the case with appropriate instructions (e.g., directing counsel 2 35 P.S. § 780-113(a)(32). -2- J-S35012-14 either to comply with Anders or file an advocate's brief on Appellant's behalf). Id. (citations omitted). Presently, Counsel has filed an Anders brief seeking to withdraw from this case. However, we conclude that Counsel has failed to satisfy the requirements of Anders. Counsel has not filed a petition with this Court seeking permission to withdraw. As Counsel has not complied with the requirements of Anders, we remand for the filing of a petition seeking leave this memorandum. Counsel must also provide Marrero with a copy of these documents. Case remanded. Jurisdiction retained. -3-
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