Com. v. Martinez, J.
1511 EDA 2015
| Pa. Super. Ct. | Jan 20, 2017Background
- Martinez pled guilty pursuant to a negotiated plea to criminal mischief, stalking, and two counts of contempt for violating a Protection From Abuse (PFA) order based on incidents where he damaged Patricia Martinez’s car, sent alarming Facebook messages, and shattered a glass door while at her home.
- Pleas were entered on January 30, 2015 (some counts) and April 24, 2015 (remaining counts); sentencing occurred April 24, 2015 after consolidation.
- The court imposed a total of four years’ probation (three years reporting, one year non-reporting conditional) and $2,163 restitution.
- Appellant filed a timely appeal; defense counsel filed a motion to withdraw under Anders/McClendon and submitted an Anders brief arguing the appeal is frivolous. Martinez filed no pro se brief.
- The Superior Court reviewed counsel’s compliance with Anders/Santiago, independently examined the record, and considered two issues: voluntariness of the guilty pleas and excessiveness/legality of the sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of guilty pleas (knowing, voluntary, intelligent) | N/A (prosecution did not challenge pleas) | Martinez argued pleas were not knowing/voluntary | Waived for failure to object at colloquy or file post-sentence motion; appeal frivolous if considered on merits pleas were valid (written and oral colloquies showed voluntariness) |
| Discretionary aspects of sentence (excessive/abuse of discretion) | N/A | Martinez contended sentence was excessive/illegal | Waived: negotiated plea bars discretionary-sentencing challenge; no contemporaneous objection or post-sentence motion; frivolous |
| Legality of sentence (statutory authorization) | N/A | Martinez argued sentence illegal | Held legal: total probation term did not exceed statutory maximums for the offenses; legality claim fails |
| Counsel’s Anders withdrawal compliance | Commonwealth argued counsel complied with Anders/Santiago | Defense counsel sought to withdraw under Anders; Martinez informed of rights | Counsel complied with Anders/Santiago; appellate court conducted independent review and granted withdrawal |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (establishes procedure counsel must follow to withdraw when appeal is frivolous)
- Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009) (clarifies Anders requirements in Pennsylvania)
- Commonwealth v. Lincoln, 72 A.3d 606 (Pa. Super. 2013) (waiver for failure to object at plea colloquy or file post-sentence motion)
- Commonwealth v. O’Malley, 957 A.2d 1265 (Pa. Super. 2008) (negotiated plea waives discretionary-sentencing challenges)
- Commonwealth v. Langston, 904 A.2d 917 (Pa. Super. 2006) (legality of sentence not waived by guilty plea)
- Commonwealth v. Crump, 995 A.2d 1280 (Pa. Super. 2010) (term of probation cannot exceed statutory maximum)