Com. v. Morgan, O.
552 MDA 2021
| Pa. Super. Ct. | Mar 7, 2022Background:
- Police stopped a taxi on February 12, 2019; Omar Morgan was the passenger and became disorderly during the encounter.
- Officers arrested Morgan; when lifted from the ground they recovered a stolen Smith & Wesson handgun; a search incident to arrest uncovered marijuana, crack cocaine, and paraphernalia.
- Morgan was charged with numerous offenses; he moved to suppress evidence and the trial court ruled the search of Morgan’s person lawful but suppressed evidence taken from the taxi.
- On April 4, 2021, Morgan entered a negotiated nolo contendere plea to specified counts in exchange for withdrawal of other charges and an agreed aggregate sentence of 24 to 48 months; the court imposed that agreed sentence and credited 800 days served.
- Appellate counsel filed an application to withdraw with an Anders brief; Morgan filed a two-page pro se response asserting he was manipulated into the plea and alleging ineffective assistance of counsel.
- The Superior Court found counsel’s Anders submission compliant, conducted an independent review, concluded there were no non-frivolous issues, granted withdrawal, and affirmed the judgment of sentence.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court abused its discretion in sentencing | Morgan: aggregate 24–48 months is manifestly excessive | Commonwealth/Trial Ct.: sentence was part of a negotiated plea; Morgan did not preserve a discretionary-sentencing challenge | Not preserved and not reviewable because sentence was agreed in plea; claim fails |
| Whether appellate counsel complied with Anders and whether pro se claims merit review | Morgan (pro se): plea coerced; alleges ineffective assistance | Appellate counsel: after conscientious review, appeal is frivolous; Anders brief met requirements; pro se response is undeveloped and waived | Anders compliance satisfactory; counsel permitted to withdraw; pro se claims waived for inadequate briefing; independent review found no non-frivolous issues |
Key Cases Cited
- Anders v. California, 368 U.S. 738 (U.S. 1967) (framework for counsel withdrawal when appeal is frivolous)
- Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009) (Anders brief content and requirements)
- Commonwealth v. Bennett, 124 A.3d 327 (Pa. Super. 2015) (procedure when Anders brief filed and appellant submits pro se response)
- Commonwealth v. Moury, 992 A.2d 162 (Pa. Super. 2010) (four-part test for discretionary-sentencing claims)
- Commonwealth v. Brown, 982 A.2d 1017 (Pa. Super. 2009) (defendant may not challenge discretionary aspects of sentence that were part of a negotiated plea)