Com. v. Goodwin, A.
199 MDA 2016
| Pa. Super. Ct. | Oct 12, 2016Background
- Anthony Goodwin was serving a sentence that included work release when he failed to return and was convicted of escape (docket #1072-2014); he received restrictive intermediate punishment on Sept. 30, 2014.
- Goodwin was granted a court-ordered furlough/facility placement to Pyramid Healthcare Center on April 1, 2015, with express warning that leaving treatment would result in an escape charge; he left against medical advice on April 29, 2015.
- The Commonwealth charged Goodwin with a second escape at docket #1272-2015; he pleaded open guilty to that escape on Oct. 26, 2015; sentencing was deferred for a PSI.
- On Dec. 22, 2015 the court imposed consecutive sentences: 9–24 months on the earlier Gagnon/escape matter (docket #1072-2014) and 12–24 months consecutive on the new escape conviction (aggregate 21–48 months).
- Goodwin timely appealed the sentence for docket #1272-2015, appellate counsel filed an Anders/Santiago brief and petition to withdraw, and the Superior Court conducted an independent review and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentence was inappropriately harsh/excessive and an abuse of discretion | Goodwin contends his sentence is unduly harsh and excessive | Commonwealth/trial court: sentence was within guidelines, based on PSI and prior record, appropriate to deter and protect community | Court held claim frivolous; sentence affirmed |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (establishes counsel-withdrawal procedure when appeal is frivolous)
- Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009) (clarifies Anders requirements for appointed appellate counsel in Pennsylvania)
- Commonwealth v. Palm, 903 A.2d 1244 (Pa. Super. 2006) (appellate court must independently review record after counsel seeks to withdraw)
- Commonwealth v. Mouzon, 812 A.2d 617 (Pa. 2002) (how a within-guidelines sentence may still raise a substantial question)
- Commonwealth v. Walls, 926 A.2d 957 (Pa. 2007) (standards for appellate review of discretionary sentencing)
- Commonwealth v. Devers, 546 A.2d 12 (Pa. 1988) (presumption that sentencing court considered PSI and relevant information)