Com. v. Brown, M.
690 EDA 2017
| Pa. Super. Ct. | Oct 20, 2017Background
- Michael Brown completed Pennsylvania (SP-4-113) and federal (ATF Form 4473) firearms purchase forms on Feb. 2, 2015 and answered questions about prior felony convictions in the negative.
- Brown had a prior 2004 Philadelphia conviction for Possession with Intent to Deliver (an ungraded felony punishable by >1 year) and Carrying a Firearm, which made him ineligible to purchase the firearm after a background check flagged the conviction.
- Brown filed an instant check challenge asserting he had never been arrested or convicted in Pennsylvania; he testified at trial about not recalling reading the forms’ instructions and claiming Philadelphia is different from Pennsylvania when explaining some answers.
- He was convicted in a waiver trial of transfer of firearms (materially false written statement) and unsworn falsification to authorities; the court sentenced him to 13–26 months’ incarceration and 2 years’ probation.
- Appointed counsel filed an Anders brief and petition to withdraw, claiming the appeal was frivolous. Brown’s sole appellate claim challenged the discretionary aspects of the sentence as excessive.
- The Superior Court conducted the required Anders procedural review and an independent merits review of the sentencing claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 13–26 month sentence was harsh and excessive | Brown argued the sentence was excessive given circumstances | Commonwealth argued sentence was within guidelines and justified by PSI and offense gravity | Court held sentence was within guideline range, well below statutory maximum, and not an abuse of discretion |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (establishes procedures for counsel seeking to withdraw when appeal is frivolous)
- Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009) (refines Anders requirements for appellate counsel in Pennsylvania)
- Commonwealth v. Moury, 992 A.2d 162 (Pa. Super. 2010) (sets four-part test for discretionary sentencing challenges)
- Commonwealth v. Flowers, 113 A.3d 1246 (Pa. Super. 2015) (discusses Anders obligations and appellate review duties)
- Commonwealth v. Lilley, 978 A.2d 995 (Pa. Super. 2009) (permits appellate review of otherwise-waived issues under Anders)