Com. v. Anderson, J., Com. v. Anderson, J. No. 1145 WDA 2016

On Oct. 1–2, 2015, an armed robbery occurred at the Avalon Hotel; the robber wore a blue hooded sweatshirt and a scarf and demanded cash with a knife.
Dawn Keister, the front-desk attendant, immediately identified the robber as Jeffrey Anderson, a former Avalon employee she had known and had seen two days earlier wearing a blue hoodie.
Keister identified Anderson in a photo lineup; surveillance/photograph evidence showed Anderson in a blue hooded sweatshirt at a Walmart two days before the robbery.
Detective testimony recorded Anderson admitting he had been to the Avalon on the night of the incident.
A jury convicted Anderson of robbery, theft by unlawful taking, receiving stolen property, simple assault, and possessing an instrument of crime; he was sentenced to 40–120 months’ imprisonment plus five years’ probation.
Appellate counsel filed an Anders brief; the sole appellate claim was that the verdict was against the weight of the evidence. Counsel sought to withdraw; the Superior Court conducted independent review.

Issue	Appellant's Argument	Commonwealth's Argument	Held
Whether the verdict was against the weight of the evidence such that a new trial is required	Anderson argued the verdict shocked the conscience and was against the weight of the evidence	Commonwealth relied on Keister’s immediate identification, photo ID, Walmart photo, and Anderson’s admission he visited the Avalon	Court held the weight claim is meritless; the verdict did not shock the conscience and affirmed the judgment; counsel’s Anders withdrawal granted

Anders v. California, 386 U.S. 738 (U.S. 1967) (framework for counsel withdrawing where appeal is frivolous)
Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009) (Santiago procedures for Anders brief in Pennsylvania)
Commonwealth v. Stokes, 78 A.3d 644 (Pa. 2013) (standard for when verdict is against the weight of the evidence)
Commonwealth v. Widmer, 744 A.2d 745 (Pa. 2000) (clarifying weight-of-the-evidence standard)
Commonwealth v. Rojas, 874 A.2d 638 (Pa. Super. 2005) (appellate independent review after Anders brief)