Com. v. Gales, A.
Com. v. Gales, A. No. 3102 EDA 2016
| Pa. Super. Ct. | Apr 10, 2017Background
- Antonio Gales was convicted of aggravated indecent assault of a child and previously designated a sexually violent predator; a prior Superior Court panel vacated the mandatory minimum portion of his sentence and remanded for resentencing.
- On remand the trial court resentenced Gales to 5–10 years’ imprisonment for aggravated indecent assault of a child (without applying the statutory mandatory minimum under 42 Pa.C.S.A. § 9718).
- Counsel filed post-sentence motions which were denied; Gales timely appealed the September 1, 2016 judgment of sentence.
- Appointed counsel, Stephen O’Hanlon, filed a petition to withdraw and an Anders brief asserting the appeal is frivolous and notifying Gales of his rights to proceed pro se or retain new counsel.
- Gales raised a discretionary-sentencing challenge (claiming the 5–10 year term was an abuse of discretion); counsel conceded it was a discretionary-appeal challenge and did not include a Rule 2119(f) statement in the Anders brief.
- The Superior Court independently reviewed the record, treated the sentencing within-guidelines as presumptively reasonable, and affirmed the judgment while granting counsel’s motion to withdraw.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 5–10 year sentence for aggravated indecent assault of a child was an abuse of discretion | Gales: sentence is excessive / an abuse of discretion | Commonwealth: sentence is within the standard guideline range and presumptively reasonable given egregious facts | Court: affirmed — sentence within guideline range is presumptively reasonable; no showing guidelines’ application was clearly unreasonable |
| Whether appellate counsel complied with Anders/Santiago requirements to withdraw | Gales: (no response filed) | Counsel: Anders brief and accompanying letter to defendant provided; requests withdrawal | Court: counsel substantially complied with Anders/Santiago; petition to withdraw granted |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedure for counsel to seek withdrawal when appeal is frivolous)
- Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009) (Pennsylvania-specific Anders requirements)
- Alleyne v. United States, 133 S. Ct. 2151 (U.S. 2013) (mandatory minimums must be submitted to jury/findings beyond jury verdict implicate sentencing)
- Commonwealth v. Malovich, 903 A.2d 1247 (Pa. Super. 2006) (standard of review for discretionary sentencing)
- Commonwealth v. Fowler, 893 A.2d 758 (Pa. Super. 2006) (standard-range guideline sentences are presumptively reasonable)