Com. v. Perry, G.

J-S05013-15
NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P 65.37
COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellee :
:
v. :
:
GORDON LOUIS PERRY, II, :
:
Appellant : No. 488 WDA 2014
Appeal from the PCRA Order February 20, 2014,
Court of Common Pleas, Blair County,
Criminal Division at No(s): CP-07-CR-0001853-2009
and CP-07-CR-0001855-2009
BEFORE: DONOHUE, SHOGAN and STABILE, JJ.
JUDGMENT ORDER BY DONOHUE, J.: FILED FEBRUARY 4, 2015
Gordon Louis Perry, II (“Perry”) appeals from the February 20, 2014
order entered by the Blair County Court of Common Pleas denying his
petition filed pursuant to the Post Conviction Relief Act (“PCRA”), 42
Pa.C.S.A. §§ 9541-9546. Our review of the brief filed on Perry’s behalf by
Attorney Paul M. Puskar reveals that he concludes, “after a thorough review
of the record, after a thorough review of the trial court’s [o]pinion and cases
cited therein and after attempts to consult with [Perry] for the purpose of
obtaining any information which could be used on behalf of [Perry], this
appeal is frivolous.” Perry’s Brief at 5. This brief neither advocates on
Perry’s behalf nor complies with the requirements to withdraw as counsel
pursuant to Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988), and
Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988). Accordingly,
J-S05013-15
Attorney Puskar is hereby ordered to comply with one of the following three
options:
• If Perry wishes to pursue this collateral appeal and Attorney
Puskar determines that there are no issues of any merit to present
on appeal, Attorney Puskar shall, within thirty days of receipt of
this Order, file with this Court a petition to withdraw as counsel, a
brief in compliance with the requirements of Turner and Finley,
and a copy of a letter sent to Perry explaining that he may
proceed pro se or with other counsel, and that he may raise any
issues he believes to be worthy of review.
• If Perry wishes to pursue this collateral appeal and Attorney
Puskar determines that there are issues of potential merit to
present on appeal, Attorney Puskar shall, within thirty days of
receipt of this Order, file an advocate’s brief in compliance with
the Rules of Appellate Procedure and the Rules of Professional
Conduct.
• If, after consultation with Perry, Attorney Puskar discerns that
Perry does not wish to pursue this collateral appeal, Attorney
Puskar shall, within thirty days of receipt of this Order, file with
this Court a praecipe to withdraw this appeal.
Panel jurisdiction retained.
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