Com. v. Bacon, T.
1541 MDA 2015
Pa. Super. Ct.May 24, 2016Background
- On April 14, 2014, Bacon grabbed a victim’s cellphone and fled; police arrested him and found a small handgun on his person. He was charged with robbery and persons not to possess firearms.
- Bacon (pro se) filed a Rule 600 speedy-trial motion that the court denied because he was represented by counsel. Counsel later filed a counseled Rule 600 motion; the court denied it on June 10, 2015.
- Bacon filed a pro se interlocutory notice of appeal on September 4, 2015; he then pled guilty on September 8, 2015 and received an aggregate sentence of 2 to 4 years’ imprisonment plus ten years’ probation. The court treated the premature notice as relating forward to the judgment of sentence.
- Appellate counsel filed an Anders/Santiago petition and brief, concluding the appeal was frivolous, and notified Bacon of his right to proceed pro se or retain new counsel. Bacon filed no pro se brief.
- The sole appellate contention identified in counsel’s Anders brief challenged the denial of the Rule 600 motion (speedy-trial claim). The Commonwealth and trial court rulings were reviewed in light of the guilty plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the case should have been dismissed under Pa.R.Crim.P. 600 (speedy-trial) | Commonwealth: trial court properly denied Rule 600 motion; no basis to dismiss | Bacon: denial of Rule 600 motion deprived him of speedy-trial rights (as raised in Anders brief) | Held: Waived by guilty plea—Bacon did not assert that delay affected voluntariness of plea, so Rule 600 claim cannot be raised on appeal |
| Whether appellate counsel may withdraw under Anders/Santiago | N/A | Counsel: after review, appeal is wholly frivolous and counsel complied with Anders/Santiago procedures | Held: Counsel substantially complied with Anders/Santiago; petition to withdraw granted |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (establishes counsel’s duty and procedure when seeking to withdraw on ground that appeal is frivolous)
- Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009) (clarifies Anders requirements for court-appointed appellate counsel)
- Commonwealth v. Gibson, 561 A.2d 1240 (Pa.Super. 1989) (guilty plea waives all nonjurisdictional defects; Rule 600 claims generally waived absent effect on plea voluntariness)
- Commonwealth v. Hunt, 858 A.2d 1234 (Pa.Super. 2004) (Rule 600 requires trial within 365 days of filing; defendant must have valid claim when motion filed)