Com. v. Lopez, A.
273 MDA 2021
| Pa. Super. Ct. | Nov 19, 2021Background
- In Sept. 2015 police stopped Lopez and found a stolen Ruger rifle; he was charged with persons not to possess firearms and receiving stolen property.
- In Apr. 2016 Lopez pleaded guilty; in June 2016 he was sentenced to 18–36 months for the firearms offense and a consecutive 24 months of probation for receiving stolen property, plus fines and fees.
- Lopez was released on his maximum sentence on June 13, 2019, but failed to report to county probation thereafter for approximately fifteen months.
- The Probation Department filed a petition to revoke in Dec. 2020, noting technical violations (change of address, failure to pay, failure to report) and a new arrest for aggravated assault.
- On Jan. 27, 2021 Lopez admitted the technical violations at his Gagnon II hearing; the court revoked probation and sentenced him to 9–24 months (less one day) imprisonment with 44 days’ credit.
- Trial counsel filed an Anders brief and application to withdraw; the Superior Court found counsel complied with Anders/Santiago, conducted an independent review, and affirmed the sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by imposing total confinement after revocation of probation | Lopez: total confinement was unnecessary because he promptly admitted violations, accepted responsibility, and pledged compliance | Commonwealth/Trial court: Lopez failed to report for ~15 months and was not amenable to supervision; confinement was needed to vindicate the court's authority | Affirmed. Court held confinement was warranted to vindicate its authority and not an abuse of discretion |
Key Cases Cited
- Anders v. California, 368 U.S. 738 (U.S. 1967) (standards for counsel seeking to withdraw when appeal is frivolous)
- Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009) (Pennsylvania’s articulation of Anders requirements)
- Commonwealth v. Moury, 992 A.2d 162 (Pa. Super. 2010) (four-part test for considering discretionary sentencing claims)
- Commonwealth v. Pasture, 107 A.3d 21 (Pa. 2014) (standards for sentencing after probation revocation; guidelines not applicable)
- Commonwealth v. Colon, 102 A.3d 1033 (Pa. Super. 2014) (abuse-of-discretion standard for revocation sentencing)
- Commonwealth v. Dempster, 187 A.3d 266 (Pa. Super. 2018) (appellate court’s independent review after Anders compliance)