Com. v. Richie, M.
3153 EDA 2015
| Pa. Super. Ct. | Oct 20, 2016Background
- On March 5, 2015, Moza T. Richie drove Shania Frame and two children; an altercation occurred in which Frame testified Richie repeatedly struck her, including while a one-month-old child was present.
- Police obtained video from a Media Borough camera; Richie was charged with multiple offenses including simple assault and endangering the welfare of children.
- Richie proceeded to trial, but after the court limited the charges presented to the jury, he entered an open guilty plea to simple assault on September 15, 2015.
- The trial court sentenced Richie to six months to twenty-three months’ imprisonment, initially plus one year probation (the probation was later removed after Commonwealth raised a legality question).
- Richie filed a pro se notice of appeal; new counsel sought to withdraw under Anders after filing an Anders brief and petition asserting the appeal was wholly frivolous.
- Counsel raised one arguable issue: that the trial court erred in admitting/publishing a videotape to the jury without proper foundation; the Superior Court reviewed whether the Anders procedure was satisfied and whether the asserted issue was nonfrivolous.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court committed reversible error by publishing a videotape to the jury without proper foundation | Commonwealth asserted the evidentiary ruling was proper and/or not preserved for review | Richie argued the videotape was admitted without proper foundation and that admission was reversible error | Appeal is frivolous because Richie’s guilty plea waived evidentiary challenges; court affirmed sentence and granted Anders counsel’s withdrawal |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (establishes procedure for counsel withdrawing when appeal is frivolous)
- Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009) (clarifies required contents of an Anders brief in Pennsylvania)
- Commonwealth v. Wrecks, 931 A.2d 717 (Pa. Super. 2007) (describes standards for Anders compliance and appellate review)
- Commonwealth v. Flowers, 113 A.3d 1246 (Pa. Super. 2015) (requires reviewing court to independently examine the record after Anders compliance)
- Commonwealth v. Roden, 730 A.2d 995 (Pa. Super. 1999) (guilty plea waives all defects except jurisdiction, voluntariness, and legality of sentence)
- Commonwealth v. Messmer, 863 A.2d 567 (Pa. Super. 2004) (same waiver principle following a guilty plea)