Com. v. Carter, K.
1436 WDA 2016
| Pa. Super. Ct. | Sep 21, 2017Background
- Kevin M. Carter pled guilty on July 11, 2016 to one count of possession/use of drug paraphernalia (35 P.S. § 780-113(a)(32)).
- On September 12, 2016 the trial court sentenced Carter to 6–12 months’ incarceration, consecutive to any other sentence.
- Carter filed a post-sentence motion (Sept. 14, 2016), which was denied (Sept. 23, 2016), and then timely appealed.
- Appellate counsel filed an Anders/Santiago brief and petition to withdraw, stating the appeal was frivolous and providing Carter notice of his rights.
- The Superior Court reviewed whether counsel complied with Anders/Santiago, whether a substantial question was presented, and whether the sentence was an abuse of discretion.
- The court affirmed the judgment of sentence and granted counsel’s petition to withdraw.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court miscalculated Carter’s prior record score | Carter: prior record score should have been 3, not 5 | Commonwealth: score was calculated correctly based on record and Guideline Sentence Form | Trial court calculated prior record score correctly; no relief granted |
| Whether sentence was excessive / court failed to consider 42 Pa.C.S. § 9721(b) factors | Carter: sentence manifestly excessive; court failed to consider proper sentencing factors | Commonwealth: court considered addiction, criminal history, danger to public and rehabilitation needs | Court found trial court considered § 9721(b) factors and did not abuse sentencing discretion; sentence affirmed |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (standards for counsel seeking to withdraw on appeal)
- Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009) (Pennsylvania standards for Anders brief content)
- Commonwealth v. Cartrette, 83 A.3d 1030 (Pa. Super. 2013) (procedural timing and docket considerations)
- Commonwealth v. Johnson, 758 A.2d 1214 (Pa. Super. 2000) (prior record score error raises substantial question)
- Commonwealth v. Derry, 150 A.3d 987 (Pa. Super. 2016) (failure to consider sentencing criteria may raise substantial question)
- Commonwealth v. Crump, 995 A.2d 1280 (Pa. Super. 2010) (sentencing reviewed for abuse of discretion)