Com. v. Shaffer, R., Com. v. Shaffer, R. No. 1839 WDA 2016

On April 28, 2014, Richard Frank Shaffer sold ten stamp bags of heroin to a confidential informant during a controlled buy conducted by Pennsylvania State Police; forensic testing confirmed heroin in all bags.
Shaffer was tried by jury and convicted of possession with intent to deliver (PWID) and possession of a controlled substance; the convictions merged for sentencing.
On November 2, 2016, Shaffer was sentenced to 2 to 5 years’ imprisonment for PWID; no post-sentence motion was filed, but a timely notice of appeal was filed.
In his Pa.R.A.P. 1925(b) statement, Shaffer raised only a weight-of-the-evidence claim; trial court issued a Rule 1925(a) opinion addressing that claim.
Appellate counsel filed an Anders brief and petition to withdraw, certifying the appeal frivolous and advising Shaffer of his rights; Shaffer filed no pro se or private-counsel brief.
The Superior Court considered Anders/Santiago withdrawal requirements and preservation rules for weight claims, and affirmed the judgment of sentence while granting counsel’s petition to withdraw.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the guilty verdict was against the weight of the evidence	Commonwealth: Evidence (CI testimony, trooper presence, forensic results) supports the verdict	Shaffer: Verdict was against the weight of the evidence	Waived for appellate review because Shaffer did not raise a weight claim before sentencing or in a post-sentence motion; Anders withdrawal granted and judgment affirmed

Anders v. California, 386 U.S. 738 (U.S. 1967) (standards for counsel seeking to withdraw on appeal when appeal is frivolous)
Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009) (applying Anders in Pennsylvania and specifying Anders brief content requirements)
Commonwealth v. Cartrette, 83 A.3d 1030 (Pa. Super. 2013) (procedural steps counsel must take to withdraw under Anders)
Commonwealth v. Nischan, 928 A.2d 349 (Pa. Super. 2007) (requirements for advising appellant of rights after Anders filing)
In re J.B., 106 A.3d 76 (Pa. 2014) (weight-of-the-evidence claim must be presented to trial court or is waived)
Commonwealth v. Griffin, 65 A.3d 932 (Pa. Super. 2013) (weight claims first raised in a Rule 1925(b) statement are generally waived)
Commonwealth v. Goodwin, 928 A.2d 287 (Pa. Super. 2007) (procedural requirement to resolve counsel's withdrawal request before merits review)
Commonwealth v. Wrecks, 934 A.2d 1287 (Pa. Super. 2007) (substantial compliance with Anders/Santiago technical requirements is sufficient)
Plasticert, Inc. v. Westfield Ins. Co., 923 A.2d 489 (Pa. Super. 2007) (appellate court may affirm on any valid basis)