Com. v. Dinkins, A., 1375 WDA 2016

Appellant Agnes Dinkins pled guilty to one count of summary criminal mischief in exchange for withdrawal of charges including receiving stolen property and unauthorized use of a vehicle; she was sentenced to three months’ probation and $170 restitution.
On March 28, 2016, Dinkins filed a post-sentence motion to withdraw her plea, claiming it was involuntary and that trial counsel was ineffective for not thoroughly reviewing the plea.
The post-sentence motion was denied by operation of law; Dinkins timely appealed and later filed a concise statement of errors.
Counsel moved to withdraw and submitted an Anders brief raising two issues: (1) plea involuntariness based on inadequate plea counseling; and (2) prior counsel’s ineffectiveness for failing to have the preliminary hearing recorded.
The trial court granted counsel’s withdrawal, appellate counsel complied with Anders procedures, and the Superior Court independently reviewed the record.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Dinkins’s guilty plea was involuntary because counsel failed to thoroughly review the plea	Dinkins: counsel did not thoroughly go over the plea agreement, so plea was not voluntary	Commonwealth: plea colloquy and written form show Dinkins understood and was satisfied with counsel	Court: Rejected — statements under oath and signed written form establish voluntariness
Whether prior counsel was ineffective for failing to ensure the preliminary hearing was recorded	Dinkins: loss of recording forfeited testimony vital to defense	Commonwealth/Trial Court: claim premature and must be raised under PCRA; no exception applies	Court: Claim deferred to collateral review (PCRA); not reviewable on direct appeal

Anders v. California, 386 U.S. 738 (U.S. 1967) (procedural requirements for counsel seeking to withdraw on appeal)
McClendon v. Commonwealth, 434 A.2d 1185 (Pa. 1981) (counsel withdrawal standards)
Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009) (Anders brief guidance)
Commonwealth v. Bennett, 124 A.3d 327 (Pa. Super. 2015) (review of counsel’s petition to withdraw)
Commonwealth v. Flowers, 113 A.3d 1246 (Pa. Super. 2015) (independent review to determine frivolity)
Commonwealth v. Holmes, 79 A.3d 562 (Pa. 2013) (ineffective assistance claims generally deferred to PCRA; limited exceptions)
Commonwealth v. Grant, 813 A.2d 726 (Pa. 2002) (framework deferring ineffectiveness claims to collateral review)
Commonwealth v. Stork, 737 A.2d 789 (Pa. Super. 1999) (manifest injustice standard for plea withdrawal)
Commonwealth v. Pollard, 832 A.2d 517 (Pa. Super. 2003) (defendant bound by statements under oath at plea)
Commonwealth v. Rush, 909 A.2d 805 (Pa. Super. 2006) (presumption that plea is voluntary)
Commonwealth v. Yeomans, 24 A.3d 1044 (Pa. Super. 2011) (standard for manifest injustice)
Commonwealth v. Lincoln, 72 A.3d 606 (Pa. Super. 2013) (scope of challenges preserved after guilty plea)
Commonwealth v. Cartrette, 83 A.3d 1030 (Pa. Super. 2013) (requirements when counsel seeks to withdraw)
Commonwealth v. Burno, 94 A.3d 956 (Pa. 2014) (trial court discretion under Holmes)
Commonwealth v. Turner, 80 A.3d 754 (Pa. 2013) (limitations on Grant exceptions for short sentences)