Com. v. Robinson, D.
42 MDA 2016
| Pa. Super. Ct. | Oct 19, 2016Background
- On April 28, 2015 police used a confidential informant (CI) with prerecorded buy money who arranged and consummated a heroin purchase from Darren Robinson; police observed the exchange, arrested Robinson, and recovered the buy money while the CI delivered heroin to officers.
- Robinson was charged with possession with intent to deliver (PWID) and entered an open guilty plea on November 2, 2015.
- At sentencing (Dec. 18, 2015) Robinson had a prior record score of 2 and an offense gravity score of 6; standard guideline range was 9–16 months.
- The court imposed a standard-range sentence of 12 to 30 months, consecutive to a concurrent probation-revocation jail term; Robinson was informed of post-sentence rights but filed no post-sentence motion.
- Appellate counsel filed an Anders/Santiago brief and a petition to withdraw, concluding the appeal was frivolous; the Superior Court independently reviewed the record and affirmed the judgment of sentence and granted counsel’s withdrawal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by not imposing a low-end guideline sentence | Commonwealth: sentence within guideline range was appropriate given offense and history | Robinson: court should have imposed low-end of sentencing guidelines | Waived by Robinson for failing to file a post-sentence motion; no relief granted |
| Whether counsel may withdraw under Anders/Santiago procedures | N/A | Counsel: after review, appeal is frivolous and withdrawal proper | Court found counsel complied with procedural Anders/Santiago requirements and allowed withdrawal |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (establishes procedures for counsel seeking to withdraw on grounds appeal is frivolous)
- Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009) (clarifies state-specific Anders briefing requirements)
- Commonwealth v. Cartrette, 83 A.3d 1030 (Pa. Super. 2013) (procedural requirements for counsel withdrawing on appeal)
- Commonwealth v. Mann, 820 A.2d 788 (Pa. Super. 2003) (discretionary-sentencing challenges must be preserved by post-sentence motion)
- Commonwealth v. Flowers, 113 A.3d 1246 (Pa. Super. 2015) (appellate court must conduct independent review when counsel seeks to withdraw)