Com. v. DeJesus, A.
170 EDA 2023
Pa. Super. Ct.Feb 21, 2024Background
- Alfredo Dejesus was convicted of aggravated assault after attacking his partner with a hammer, scissors, and strangling her.
- The incident occurred on December 6, 2020; Dejesus was arrested after fleeing the scene when the victim's daughter arrived.
- On the day of trial (September 23, 2022), Dejesus entered an open guilty plea to aggravated assault after a colloquy with the court.
- On December 9, 2022, Dejesus was sentenced to 9 to 18 years' incarceration. He filed a timely pro se notice of appeal but did not file post-sentence motions.
- After sentencing, his counsel withdrew and new appellate counsel (Attorney Mann) was appointed, but this new counsel failed to timely file a Pa.R.A.P. 1925(b) statement of errors, which is considered per se ineffective assistance under Pennsylvania law.
- The appeal was not quashed, but instead the case was remanded to appoint new counsel and permit the late filing of the 1925(b) statement.
Issues
| Issue | Dejesus's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Failure to specify appealed order | Intended to appeal judgment of sentence | Appeal should be quashed for improper notice | Appeal allowed due to timely filing and clear intent |
| Effect of untimely 1925(b) statement | Not applicable (was untimely, not argued) | Claims should be deemed waived, appeal dismissed | Failure to file is per se ineffective assistance; remand for new counsel and proper filing |
| Counsel's effectiveness in appeal process | Entitled to effective counsel on appeal | No specific argument | Untimely 1925(b) filing is per se ineffective assistance |
| Appropriate remedy for late 1925(b) statement | Should be allowed to file nunc pro tunc with counsel | All claims waived, dismiss appeal | Remand for nunc pro tunc filing and responsive opinion |
Key Cases Cited
- Anders v. California, 368 U.S. 738 (U.S. 1967) (sets the standard for withdrawal of counsel when counsel believes an appeal is frivolous)
- Commonwealth v. McClendon, 434 A.2d 1185 (Pa. 1981) (applies Anders requirements under Pennsylvania law)
- Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009) (clarifies Anders brief requirements for withdrawal of counsel in Pennsylvania)
- Commonwealth v. Thompson, 39 A.3d 335 (Pa. Super. 2012) (failure to timely file Rule 1925(b) statement is per se ineffective assistance of counsel)