Com. v. Gunter, T., Com. v. Gunter, T. No. 830 WDA 2016

Trey Gunter, an Edinboro University student, pleaded guilty to third-degree murder for shooting and killing Tobiah Johnson on November 17, 2014.
Facts alleged by the Commonwealth: Johnson had taken Gunter’s gun days earlier; Gunter (with two others) confronted Johnson; during the confrontation Gunter shot Johnson in the back.
Gunter executed a written plea colloquy and the trial court conducted an oral plea colloquy, accepting the plea as knowing, voluntary, and intelligent.
On February 9, 2016 the court sentenced Gunter to a standard-range term of 15 to 40 years’ imprisonment; Gunter’s post-sentence motion to modify was denied.
Appellate counsel filed a petition to withdraw under Anders accompanied by an Anders brief asserting two issues (plea validity; discretionary aspects of sentence). The Superior Court granted counsel’s withdrawal and affirmed the judgment of sentence.

Issue	Plaintiff's Argument (Commonwealth / Trial Court)	Defendant's Argument (Gunter)	Held
Validity of guilty plea — knowing, voluntary, intelligent	Plea colloquy (written and oral) was sufficient; plea accepted by trial court as knowing and voluntary	Gunter contended he did not enter his plea freely, knowingly, and intelligently	Waived for appeal (no challenge below or in post-sentence motion); record shows plea was knowing and voluntary; claim frivolous
Discretionary aspects of sentence — excessive / inadequate consideration of mitigation	Sentencing was within standard range; court considered PSI, exhibits, mitigation, and explained reasons for sentence (public protection, remorse, prior history, texts)	Gunter argued the court failed properly to consider mitigating factors and imposed a manifestly excessive sentence	No substantial question presented; even if considered, trial court sufficiently explained reasons and did not abuse discretion; sentence affirmed

Anders v. California, 386 U.S. 738 (1967) (framework for counsel seeking to withdraw on appeal when claims are frivolous)
Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009) (Anders brief requirements under Pennsylvania law)
Commonwealth v. Goodwin, 928 A.2d 287 (Pa. Super. 2007) (appellate court’s duty to independently review record after Anders compliance)
Commonwealth v. Flowers, 113 A.3d 1246 (Pa. Super. 2015) (obligation to conduct independent review for additional non-frivolous issues)
Commonwealth v. McLaine, 150 A.3d 70 (Pa. Super. 2016) (requirements and substantial-question standard for discretionary-sentencing review)