Com. v. Buffington, E. ( 2019 )

J-S55005-19
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
EDWARD M. BUFFINGTON :
:
Appellant : No. 1493 WDA 2018
Appeal from the PCRA Order Entered August 13, 2018
In the Court of Common Pleas of Jefferson County Criminal Division at
No(s): CP-33-CR-0000633-2016
BEFORE: MURRAY, J., McLAUGHLIN, J., and COLINS, J.*
JUDGMENT ORDER BY MURRAY, J.: FILED OCTOBER 21, 2019
Edward M. Buffington (Appellant) appeals pro se from the order
dismissing his second petition filed pursuant to the Post Conviction Relief Act
(PCRA), 42 Pa.C.S.A. §§ 9541-9546. On October 24, 2018, the PCRA court
ordered Appellant to file a statement of matters complained of on appeal
pursuant to Pa.R.A.P. 1925(b) within 21 days. PCRA Court Order, 10/24/18.
This order also provided that the failure to file a Rule 1925(b) statement would
result in the waiver of all issues on appeal. Id. On December 19, 2018, the
PCRA court filed an order in which it stated that as of that date, Appellant had
not complied with its directive to file a Rule 1925(b) statement.
It is established law that an appellant’s failure to file a court-ordered
Rule 1925(b) statement results in waiver of all claims on appeal.
____________________________________________
* Retired Senior Judge assigned to the Superior Court.
J-S55005-19
Commonwealth v. Auchmuty, 799 A.2d 823, 825 (Pa. Super. 2002)
(holding pro se appellant’s failure to file a court-ordered Rule 1925(b)
statement results in waiver of all issues on appeal). Accordingly, Appellant
has waived his issues, and we quash the appeal.
Although quashal disposes of Appellant’s appeal, we additionally note
that Appellant’s brief fails to conform with Pa.R.A.P. 2111, which prescribes
the content of an appellant’s brief. Appellant’s brief does not include any
argument or citation to relevant legal authority, and Appellant simply requests
that his conviction be vacated and he be released from custody. Even if
Appellant had not waived his issues for failure to file a Rule 1925(b) statement,
the numerous defects in Appellant’s brief would preclude meaningful review.
See Pa.R.A.P. 2101 (where defects in brief are substantial, the appeal may be
quashed or dismissed).
Appeal quashed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 10/21/2019
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