Com. v. Darder, C.
Com. v. Darder, C. No. 2628 EDA 2016
| Pa. Super. Ct. | Apr 19, 2017Background
- Appellant Chelcie Darder was charged with retail theft (M-1) and possession of drug paraphernalia (M).
- On January 23, 2015, Darder entered negotiated guilty pleas with an agreement: retail theft sentence “time served to 1 year” and 1 year probation on the possession count to run consecutively; fines/costs left to the court.
- The trial court accepted the pleas as knowing, voluntary, and intelligent.
- At a July 22, 2016 sentencing (after a missed hearing and a bench warrant), the court sentenced Darder to 31 days to 12 months on retail theft (credit for 31 days served) and 12 months probation consecutive on possession; immediate parole conditioned on signing parole conditions and providing a home plan.
- Darder filed a timely appeal. Counsel filed an Anders brief and moved to withdraw, asserting the sole potential issue (discretionary sentencing claim) was frivolous.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by imposing a harsh/excessive sentence | Darder contended sentence was harsh/excessive | Commonwealth/respondent argued sentence was an agreed negotiated disposition and therefore not subject to discretionary-challenge | Court held claim meritless: negotiated sentence bars challenge to discretionary aspects of sentencing; plea waived such claims |
Key Cases Cited
- Anders v. California, 368 U.S. 738 (U.S. 1969) (procedures for counsel seeking to withdraw when appeal is frivolous)
- Commonwealth v. Goodwin, 928 A.2d 287 (Pa. Super. 2007) (requirements for counsel withdrawal under Anders)
- Commonwealth v. Lilley, 978 A.2d 995 (Pa. Super. 2009) (procedural obligations when counsel seeks to withdraw)
- Commonwealth v. Rojas, 874 A.2d 638 (Pa. Super. 2005) (standards for Anders withdrawal filings)
- Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009) (substantive requirements for Anders brief)
- Commonwealth v. Flowers, 113 A.3d 1246 (Pa. Super. 2015) (appellate court’s independent review after Anders compliance)
- Commonwealth v. Reichle, 589 A.2d 1140 (Pa. Super. 1991) (guilty plea waives discretionary sentencing challenges where sentence is part of plea agreement)