Com. v. Jones, K. ( 2016 )

J-S62004-16
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
KYLE WALTER JONES
Appellant No. 449 MDA 2016
Appeal from the Judgment of Sentence March 2, 2016
in the Court of Common Pleas of Lancaster County
Criminal Division at No(s): CP-36-CR-0004127-2015
BEFORE: GANTMAN, P.J., DUBOW, J., and JENKINS, J.
JUDGMENT ORDER BY JENKINS, J.: FILED AUGUST 11, 2016
Kyle Walter Jones (“Appellant”) appeals from the March 2, 2016
judgment of sentence entered in the Lancaster County Court of Common
Pleas following his guilty plea convictions for one count of burglary,1 one
count of conspiracy to commit burglary,2 two counts of robbery,3 one count
of conspiracy to commit robbery,4 two counts of unlawful restraint,5 one
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1
18 Pa.C.S. § 3502.
2
18 Pa.C.S. § 903.
3
18 Pa.C.S. § 3701.
4
18 Pa.C.S. § 903.
5
18 Pa.C.S. § 2902.
J-S62004-16
count of unlawful restraint of a minor,6 and three counts of terroristic
threats.7 As a prefatory matter, we observe counsel has designated and
filed Appellant’s brief on appeal as an Anders8 brief, and has filed with this
Court a petition to withdraw as counsel. Pursuant to Anders and its
Pennsylvania counterpart Commonwealth v. Santiago,9 when, after a
conscientious review of the record, counsel determines that there exist no
non-frivolous issues for review, counsel must: 1) petition the Court for leave
to withdraw, certifying that after a thorough review of the record, counsel
has concluded the issues to be raised are wholly frivolous; 2) file a brief
referring to anything in the record that might arguably support the appeal;
and 3) furnish a copy of the brief to the appellant and advise him of his right
to obtain new counsel or file a pro se brief to raise any additional point the
appellant deems worthy of review. Santiago, 978 A.2d at 358-61.
Instantly, the proof of services attached to the Anders brief and
counsel’s Motion to Withdraw indicate counsel served the Lancaster County
District Attorney’s Office with these documents, but not Appellant.
Accordingly, this Court cannot be certain whether counsel actually sent the
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6
18 Pa.C.S. § 2902.
7
18 Pa.C.S. § 2706.
8
Anders v. California, 386 U.S. 738 (1967).
9
978 A.2d 349 (Pa.2009).
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J-S62004-16
Anders brief and Motion to Withdraw to Appellant, despite the fact that
counsel’s March 27, 2016 letter to Appellant indicates counsel did provide
Appellant with copies of these filings.
Accordingly, we now order counsel, within ten (10) days of the filing of
this order, to produce and file with this Court evidence of service of the
Anders brief and Motion to Withdraw upon Appellant. Panel jurisdiction is
retained.
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