Com. v. Jackson, J., Com. v. Jackson, J. No. 1041 MDA 2016

Janay Brittany Jackson pleaded guilty to possession with intent to deliver (PWID) on January 22, 2016; sentencing was deferred for a PSI.
On March 11, 2016, the court sentenced Jackson to 1 year, 8 months to 4 years, concurrent with an unrelated Wyoming County sentence, and noted an RRRI minimum of 15 months.
Jackson filed a motion for clarification (denied), then appealed and sought credit for time served from June 2, 2015 (bail set) to March 11, 2016 (sentence).
Jackson’s counsel, Melissa Sulima, filed a Petition to Withdraw and an Anders brief asserting the appeal was frivolous and advising Jackson of her rights; Jackson filed no pro se brief.
The court examined Anders compliance and the record, finding Jackson had previously been credited for custody time on an earlier Wyoming County conviction and therefore could not receive duplicative credit for the same time period in the instant case.
The court granted counsel’s Petition to Withdraw, concluded the appeal was frivolous, and affirmed the judgment of sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the sentence is illegal for failing to award credit for time served (June 2, 2015–Mar 11, 2016)	Jackson: entitled to credit for custody from bail date to sentencing	Commonwealth/Trial Ct: Jackson was serving a separate Wyoming County sentence and already received credit for overlapping time, so duplicative credit not allowed	Not entitled to additional credit; sentence lawful
Whether counsel complied with Anders requirements to withdraw	N/A (counsel sought to withdraw)	Counsel filed Anders brief, informed client of rights, and explained why appeal was frivolous	Court found Anders compliance adequate and allowed withdrawal

Anders v. California, 386 U.S. 738 (U.S. 1967) (procedural requirements when counsel seeks to withdraw on grounds appeal is frivolous)
Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009) (standards for an Anders brief under Pennsylvania law)
Commonwealth v. Tobin, 89 A.3d 663 (Pa. Super. 2014) (failure to give credit for time served challenges legality of sentence)
Commonwealth v. Hollawell, 604 A.2d 723 (Pa. Super. 1992) (purpose of sentencing credit statute; custody credit tied to the charge for which sentence imposed)
Commonwealth v. Ellsworth, 97 A.3d 1255 (Pa. Super. 2014) (defendant not entitled to credit against more than one sentence for same time served)
Commonwealth v. Clark, 885 A.2d 1030 (Pa. Super. 2005) (no credit for custody by reason of a separate and distinct offense)
Commonwealth v. McClendon, 424 A.2d 1185 (Pa. 1981) (procedural precedent cited regarding Anders-type practice)
Commonwealth v. Goodwin, 928 A.2d 287 (Pa. Super. 2007) (review requirement: appellate court must first assess counsel’s request to withdraw under Anders)