Com. v. Jacobosky, S.
Com. v. Jacobosky, S. No. 2004 MDA 2016
| Pa. Super. Ct. | Jun 9, 2017Background
- Appellant Sharon Jacobosky, while acting as power of attorney for 94-year-old Clementine Moseman, made unauthorized withdrawals and liquidated investments; a forensic audit found she received $258,538.30 between 1/1/2009 and 11/4/2011.
- Appellant pled guilty to theft by failure to make required disposition of funds, 18 Pa.C.S. § 3927(a).
- At sentencing the trial court imposed 9 to 48 months’ incarceration in a state correctional facility and ordered restitution; Appellant sought county intermediate punishment (IPP) or probation citing poor health.
- Appellant filed a timely appeal and counsel (appointed) filed a petition to withdraw under Anders v. California and Santiago, along with an Anders brief concluding the appeal is frivolous.
- The Commonwealth did not file a brief.
- The Superior Court independently reviewed the record, found counsel’s Anders/Santiago submission procedurally adequate, concluded no substantial question was presented as the sentence was within guideline range and the court explained its reasons, affirmed the judgment, and granted counsel’s withdrawal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sentencing Appellant to state prison rather than IPP or probation was an abuse of discretion | Jacobosky: her poor health and statutory eligibility for IPP/probation warranted non-state confinement | Trial court/Commonwealth: court considered PSI, victim impact, Appellant’s position of trust and lack of remorse; IPP would diminish seriousness of offense | No abuse of discretion; no substantial question — sentence affirmed |
| Whether appointed counsel complied with Anders/Santiago and may withdraw | Jacobosky: (implicit challenge to counsel staying) | Counsel: Anders brief, Santiago compliance, provided client rights letter; argued issues frivolous; Commonwealth consents | Superior Court found technical requirements satisfied and granted withdrawal |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedural framework for counsel seeking to withdraw on appeal when claims are frivolous)
- Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009) (state requirements for Anders brief on direct appeal)
- Commonwealth v. Kimbrough, 872 A.2d 1244 (Pa. Super. 2005) (requirements for raising discretionary-sentencing claims and substantial-question standard)
- Commonwealth v. Flowers, 113 A.3d 1246 (Pa. Super. 2015) (court must independently review record after Anders/Santiago submission)
- Commonwealth v. Goodwin, 928 A.2d 287 (Pa. Super. 2007) (court addresses counsel withdrawal procedure on appeal)