Com. v. Bressi, A.
1791 MDA 2016
| Pa. Super. Ct. | Oct 25, 2017Background
- Aaron James Bressi pled nolo contendere to one count of simple assault and one count of harassment in Northumberland County and was sentenced on September 29, 2016 to two consecutive one-year terms of probation.
- Seven days after sentencing Bressi filed a post-sentence motion to withdraw his pleas claiming they were not knowingly, intelligently, or voluntarily entered; the trial court denied the motion without a hearing.
- Bressi filed a timely appeal and complied with the trial court’s order to file a concise statement of errors pursuant to Pa.R.A.P. 1925(b).
- Appointed appellate counsel (Amy Stoak, Esq.) filed a petition to withdraw under Anders/Santiago, accompanied by an Anders brief concluding the appeal was frivolous and notifying Bressi of his rights.
- The Superior Court reviewed counsel’s Anders submission, conducted an independent review of the record (including written and oral plea colloquies), and found the pleas were knowing, intelligent, and voluntary.
- The Superior Court granted counsel’s petition to withdraw and affirmed the judgment of sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bressi’s nolo contendere pleas were knowing, intelligent, and voluntary | Bressi: pleas were not knowing, voluntary, or intelligent; therefore withdrawal warranted | Commonwealth/Trial Ct.: written and oral plea colloquies show Bressi understood charges, consequences, and rights waived; plea was knowingly and voluntarily entered | Court: Pleas were knowing, intelligent, and voluntary; challenge fails |
| Whether the trial court erred in denying Bressi’s post-sentence motion to withdraw pleas | Bressi: post-sentence withdrawal necessary to correct manifest injustice due to involuntary plea | Commonwealth/Trial Ct.: no allegations in motion supporting lack of voluntariness; record contradicts claim | Court: Denial was proper; no manifest injustice shown |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedural framework for appointed counsel seeking withdrawal on frivolous appeal)
- Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009) (Anders brief content and procedural requirements in Pennsylvania)
- Commonwealth v. Flowers, 113 A.3d 1246 (Pa. Super. 2015) (requirements for Anders/Santiago withdrawals and appellate review)
- Commonwealth v. Woods, 939 A.2d 896 (Pa. Super. 2007) (summarizing Anders obligations)
- Commonwealth v. Prendes, 97 A.3d 337 (Pa. Super. 2014) (standards for plea voluntariness and manifest injustice)
- Commonwealth v. Barnes, 687 A.2d 1163 (Pa. 1997) (defendant bound by statements made at plea colloquy)
- Commonwealth v. V.G., 9 A.3d 222 (Pa. Super. 2010) (nolo contendere treated same as guilty plea)
- Commonwealth v. Moser, 921 A.2d 526 (Pa. Super. 2007) (plea voluntariness does not require defendant to be satisfied with outcome)
- Commonwealth v. Hankerson, 118 A.3d 415 (Pa. Super. 2015) (appellate court duty to independently examine record after Anders submission)
- Commonwealth v. Millisock, 873 A.2d 748 (Pa. Super. 2005) (notice requirements to appellant when counsel seeks to withdraw)
- Commonwealth v. Daniels, 999 A.2d 590 (Pa. Super. 2010) (retaining Millisock notice requirements after Santiago)