Com. v. Friend, R.
275 WDA 2016
| Pa. Super. Ct. | Nov 18, 2016Background
- On June 25, 2015, a Ford Mustang at 755 Schiller Street was found with fire damage; gasoline smell and a missing gasoline can were observed. Appellant Rose M. Friend was identified by the vehicle owner as a possible suspect after an earlier argument.
- Police found a gasoline can nearby and smelled gasoline on Appellant while she was being questioned at the station; Appellant eventually said she may have accidentally started a fire while using gasoline to clean paint brushes and ignited a brush with a lighter.
- The Commonwealth charged Appellant with reckless burning/exploding of an automobile (18 Pa.C.S. § 3301(d)(2)) and criminal mischief causing pecuniary loss over $5,000 (18 Pa.C.S. § 3304(a)(1)).
- On January 15, 2016, Appellant entered a counseled no-contest plea to the criminal mischief count and was sentenced to 6 months to 2 years' incarceration.
- Appellant filed a post-sentence motion to withdraw her plea claiming innocence; the court denied it. Appellant appealed, and appellate counsel filed a petition to withdraw under Anders/Santiago, submitting an Anders brief concluding the appeal was frivolous.
- The Superior Court reviewed counsel’s compliance with Anders/Santiago, independently examined the record for non-frivolous issues, granted counsel’s withdrawal, and affirmed the judgment of sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to hear appeal | Commonwealth: trial court had proper jurisdiction to enter judgment and sentence | Friend: no jurisdictional challenge raised substantively | No jurisdictional defect; appeal properly before Superior Court |
| Legality of sentence | Commonwealth: sentence within statutory and court limits | Friend: argued sentence legal; no specific illegality alleged | Sentence was legal and affirmed |
| Validity of plea | Commonwealth: plea colloquy complied with requirements; plea valid and counseled | Friend: sought to withdraw plea claiming innocence after sentencing | Plea found valid; post-sentence withdrawal denied |
| Claim of innocence | Friend: maintains she did not commit the offense | Commonwealth: record (statements, odor of gasoline, missing can, lighter) supports conviction; evidence undermines innocence claim | Court found claim unsubstantiated; no non-frivolous appellate issue raised |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedures for counsel seeking to withdraw on appeal when appeal is frivolous)
- Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009) (Pennsylvania standards for Anders-style briefs and withdrawal)
- Commonwealth v. Cartrette, 83 A.3d 1030 (Pa. Super. 2013) (procedural steps and court duties when counsel files Anders brief)
- Commonwealth v. Vilsaint, 893 A.2d 753 (Pa. Super. 2006) (appellate court’s duty to review record for issues of arguable merit under Anders)
- Commonwealth v. Harden, 103 A.3d 107 (Pa. Super. 2014) (standard for independent appellate review for non-frivolous issues)