Com. v. Fultz, L., 798 MDA 2017

Leslie M. Fultz was charged March 21, 2016 with driving under the influence; charge reduced to general impairment after a Birchfield-based motion in limine.
General impairment under 75 Pa.C.S.A. § 3803(a)(1) carries a six-month maximum sentence.
Fultz requested a jury trial but the trial court held a bench trial; Fultz was convicted following the bench trial.
Trial court sentenced Fultz to one to six months’ imprisonment on April 13, 2017.
Trial counsel (court-appointed Stuart A. Cilo) filed an Anders brief and petition to withdraw, asserting the appeal is frivolous; Fultz did not file a response.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Fultz was entitled to a jury trial for general impairment	Fultz argued the trial court erred by holding a bench trial despite his request for a jury	Commonwealth argued general impairment is a petty offense with no jury-right because max sentence is six months	Court held no jury right; six-month maximum makes the offense petty, so bench trial was permissible
Whether counsel properly sought to withdraw under Anders/Santiago	Counsel asserted the appeal is frivolous and complied with Anders/Santiago requirements	Fultz did not oppose or supplement the Anders submission	Court found counsel substantially complied with Anders/Santiago and granted withdrawal

Anders v. California, 386 U.S. 738 (U.S. 1967) (procedure for appointed counsel to seek withdrawal on frivolous appeal)
Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009) (Pennsylvania-specific Anders requirements)
Birchfield v. North Dakota, 136 S. Ct. 2160 (U.S. 2016) (limits on compelled blood draws in DUI investigations; prompted in limine motion)
Commonwealth v. Langley, 145 A.3d 757 (Pa. Super. 2016) (distinguishing serious vs. petty offenses for jury-trial right)
Commonwealth v. Mayberry, 327 A.2d 86 (Pa. 1974) (petty offense doctrine: no jury right when max sentence is six months)