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Document Info

DocketNumber： 3556 EDA 2018

Filed Date： 3/11/2020

Status： Non-Precedential

Modified Date： 12/13/2024

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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA          :   IN THE SUPERIOR COURT OF
:        PENNSYLVANIA
:
v.                       :
:
:
DOUGLAS PHYFAR                        :
:
Appellant           :   No. 3556 EDA 2018
Appeal from the Judgment of Sentence Entered September 27, 2018
In the Court of Common Pleas of Philadelphia County Criminal Division at
No(s): CP-51-CR-0011428-2016,
CP-51-CR-0011436-2016, CP-51-CR-0011437-2016,
CP-51-CR-0011438-2016, CP-51-CR-0011439-2016
COMMONWEALTH OF PENNSYLVANIA          :   IN THE SUPERIOR COURT OF
:        PENNSYLVANIA
:
v.                       :
:
:
DOUGLAS PHYFAR                        :
:
Appellant           :   No. 3561 EDA 2018
Appeal from the Judgment of Sentence Entered September 27, 2018
In the Court of Common Pleas of Philadelphia County Criminal Division at
No(s): CP-51-CR-0011428-2016,
CP-51-CR-0011436-2016, CP-51-CR-0011437-2016,
CP-51-CR-0011438-2016, CP-51-CR-0011439-2016
J-S69008-19
J-S69009-19
J-S69010-19
J-S69011-19
J-S69012-19
COMMONWEALTH OF PENNSYLVANIA           :   IN THE SUPERIOR COURT OF
:        PENNSYLVANIA
:
v.                        :
:
:
DOUGLAS PHYFAR                         :
:
Appellant            :   No. 3563 EDA 2018
Appeal from the Judgment of Sentence Entered September 27, 2018
In the Court of Common Pleas of Philadelphia County Criminal Division at
No(s): CP-51-CR-0011428-2016,
CP-51-CR-0011436-2016, CP-51-CR-0011437-2016,
CP-51-CR-0011438-2016, CP-51-CR-0011439-2016
COMMONWEALTH OF PENNSYLVANIA           :   IN THE SUPERIOR COURT OF
:        PENNSYLVANIA
:
v.                        :
:
:
DOUGLAS PHYFAR                         :
:
Appellant            :   No. 3565 EDA 2018
Appeal from the Judgment of Sentence Entered September 27, 2018
In the Court of Common Pleas of Philadelphia County Criminal Division at
No(s): CP-51-CR-0011428-2016,
CP-51-CR-0011436-2016, CP-51-CR-0011437-2016,
CP-51-CR-0011438-2016, CP-51-CR-0011439-2016
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COMMONWEALTH OF PENNSYLVANIA                 :   IN THE SUPERIOR COURT OF
:        PENNSYLVANIA
:
v.                               :
:
:
DOUGLAS PHYFAR                               :
:
Appellant                 :   No. 3568 EDA 2018
Appeal from the Judgment of Sentence Entered September 27, 2018
In the Court of Common Pleas of Philadelphia County Criminal Division at
No(s): CP-51-CR-0011428-2016,
CP-51-CR-0011436-2016, CP-51-CR-0011437-2016,
CP-51-CR-0011438-2016, CP-51-CR-0011439-2016
BEFORE:      SHOGAN, J., KUNSELMAN, J., and COLINS, J.*
JUDGMENT ORDER BY SHOGAN, J.:                             FILED MARCH 11, 2020
Appellant, Douglas Phyfar, appeals from the judgments of sentence
entered in the Court of Common Pleas of Philadelphia County. Upon review,
we quash the above-captioned appeals pursuant to Commonwealth v.
Walker,

185 A.3d 969

(Pa. 2018).
On June 19, 2018, Appellant pled guilty to various crimes related to five
robberies and attempted robberies that took place over two months.            On
September 27, 2018, the trial court sentenced Appellant to serve an aggregate
term of incarceration of five to twelve years, followed by three years of
____________________________________________
*   Retired Senior Judge assigned to the Superior Court.
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probation. Appellant filed timely post-sentence motions, which the trial court
denied on October 9, 2018. On October 19, 2018, counsel filed three separate
notices of appeal, each referencing a single trial court docket number.1
On November 14, 2018, Appellant, pro se, filed a single notice of appeal
referencing the following five common pleas court docket numbers: CP-51-
CR-0011428-2016, CP-51-CR-0011436-2016, CP-51-CR-0011437-2016, CP-
51-CR-0011438-2016, and CP-51-CR-0011439-2016.2            The Superior Court
assigned the following docket numbers to Appellant’s pro se filing: 3556 EDA
2018, 3561 EDA 2018, 3563 EDA 2018, 3565 EDA 2018, and 3568 EDA 2018.
Subsequently, appellate counsel filed with this Court a brief pursuant to
Anders v. California,

386 U.S. 738

(1967), and a motion seeking permission
to withdraw as counsel referencing eight Superior Court docket numbers,
those being the three docket numbers assigned to the appeals filed by counsel
____________________________________________
1 Specifically, counsel filed the following notices of appeal: at Philadelphia
Court of Common Pleas docket number CP-51-CR-0011428-2016, which
received Superior Court docket number 3200 EDA 2018; at Philadelphia Court
of Common Pleas docket number CP-51-CR-0011436-2016, which received
Superior Court docket number 3201 EDA 2018; and at Philadelphia Court of
Common Pleas docket number CP-51-CR-0011439-2016, which received
Superior Court docket number 3203 EDA 2018.
2 We note that Appellant’s pro se notice of appeal contains three common
pleas court docket numbers that are duplicative of the three appeals filed by
counsel.
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and the five docket numbers assigned to the appeals filed by Appellant pro se.
Appellant has not filed a response.
In Walker, our Supreme Court addressed the issue of filing separate
notices of appeal when a single order resolves issues arising on more than one
trial court docket, and held that “prospectively, where a single order resolves
issues arising on more than one docket, separate notices of appeal must be
filed for each case.”

Walker, 185 A.3d at 971

. “The failure to do so will result
in quashal of the appeal.”

Id. at 977.

The Walker decision was rendered on
June 1, 2018.
Because Appellant filed his five pro se appeals after the Supreme Court
decided Walker, this Court issued orders on January 8, 2019, in each of the
five above-cited appeals, directing Appellant to show cause as to why the
appeals should not be quashed pursuant to Walker. Appellant’s counsel filed
a response on January 22, 2019. On May 29, 2019, the Court issued five
separate orders indicating that the issues raised pertaining to Walker would
be referred to the panel assigned to decide the merits of the appeals.
It is undisputed that Appellant filed a single pro se notice of appeal on
November 14, 2018, from the sentences entered at multiple docket numbers.
Because Appellant filed his notice of appeal after our Supreme Court’s decision
in Walker, we are required to quash the above-captioned pro se appeals.
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See Commonwealth v. Williams,

206 A.3d 573

, 576 (Pa. Super. 2019)
(quashing non-compliant pro se notice of appeal filed after Walker). This
disposition does not affect the cases at Superior Court docket numbers 3200
EDA 2018, 3201 EDA 2018, and 3203 EDA 2018, which counsel filed in
compliance with Walker, and will be addressed in a separate memorandum.
Appeals quashed.     Motions to withdraw as counsel filed at docket
numbers 3556 EDA 2018, 3561 EDA 2018, 3563 EDA 2018, 3565 EDA 2018,
and 3568 EDA 2018, are denied as moot.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 3/11/20
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