Com. v. Gehr, D.
Com. v. Gehr, D. No. 1012 MDA 2016
| Pa. Super. Ct. | Apr 13, 2017Background
- On Jan. 11, 2015, Gehr collided with another vehicle, fled the scene, was stopped by police, found intoxicated, possessed marijuana, a pipe, and a .22 rifle; police later learned he was a convicted felon.
- Gehr pled guilty on Jan. 5, 2016 to: person not to possess a firearm (18 Pa.C.S. §6105), DUI–refusal (75 Pa.C.S. §3802(a)(1)), possession of small amount of marijuana, and possession of drug paraphernalia.
- Original sentence (Apr. 20, 2016): 5–10 years for the firearm count and 1.5–5 years consecutive for DUI–refusal; post-sentence motion led to resentencing (June 7, 2016) making the terms concurrent.
- Counsel filed an Anders brief and petition to withdraw; the court evaluated counsel’s compliance with Anders/Santiago and conducted independent review for non-frivolous issues.
- Gehr moved to withdraw his guilty plea after sentencing, alleging he expected a county (not state) sentence and lacked adequate time to consult counsel; the court found his plea was knowingly and voluntarily entered.
- The court identified a separate legality-of-sentence issue arising from Birchfield v. North Dakota concerning criminal penalties for refusing blood draws under implied-consent law and concluded the mandatory-minimum penalties under 75 Pa.C.S. §3804(c)(2) could not be applied.
Issues
| Issue | Gehr's Argument | State's Argument | Held |
|---|---|---|---|
| Whether Gehr may withdraw guilty plea after sentencing (manifest injustice) | Plea involuntary because he expected a county sentence and lacked time to consult counsel | Plea was knowing, voluntary, intelligent per plea colloquy; no manifest injustice | Denied — plea was valid and voluntary |
| Whether counsel complied with Anders requirements to withdraw | N/A (counsel asserts appeal frivolous and seeks leave) | Counsel complied with procedural Anders/Santiago requirements | Counsel met procedural requirements; court undertook independent review |
| Whether Birchfield invalidates penalties for refusing blood draw | Sentence relied on mandatory minimums tied to refusal to submit to blood test; Birchfield bars criminalizing nonconsensual blood draws absent warrant/exigent circumstances | Initially applied §3804(c)(2) mandatory penalties; state later conceded Birchfield effect | Court vacated sentence and remanded for resentencing without §3804(c)(2) mandatory penalties |
| Whether appeal contains any other non-frivolous issues | N/A | No other non-frivolous issues found on independent review | Convictions affirmed; sentence vacated and remanded for resentencing |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (standards for counsel seeking withdrawal when appeal frivolous)
- Santiago v. Commonwealth, 978 A.2d 349 (Pa. 2009) (requirements for a proper Anders brief in Pennsylvania)
- Bedell v. Commonwealth, 954 A.2d 1209 (Pa. Super. 2008) (standard for withdrawing plea after sentencing; manifest injustice definition)
- Yeomans v. Commonwealth, 24 A.3d 1044 (Pa. Super. 2011) (statements during plea colloquy bind defendant)
- Muhammad v. Commonwealth, 794 A.2d 378 (Pa. Super. 2002) (defendant cannot later claim plea involuntariness when colloquy contradicts that claim)
- Birchfield v. North Dakota, 136 S. Ct. 2160 (U.S. 2016) (breath tests permissible as search-incident-to-arrest; warrantless blood draws criminalized under implied-consent schemes are unconstitutional)
- Barnes v. Commonwealth, 151 A.3d 121 (Pa. 2016) (new Supreme Court rules apply to direct appeals pending at decision)
- Cartrette v. Commonwealth, 83 A.3d 1030 (Pa. Super. 2013) (Anders procedural checklist)
- Goodwin v. Commonwealth, 928 A.2d 287 (Pa. Super. 2007) (court must first examine counsel’s request to withdraw under Anders)