Com. v. Slider, R.
587 WDA 2016
| Pa. Super. Ct. | Oct 14, 2016Background
- On July 6, 2015, Richard Slider stole a bicycle from Walmart; charged with retail theft (misdemeanor 2nd degree).
- Slider proceeded pro se at his guilty plea hearing on February 16, 2016, signed a written waiver of counsel, and pled guilty after an on-the-record colloquy.
- At sentencing on April 5, 2016, Slider again waived counsel, was sentenced to 2 to 23.5 months’ imprisonment, and afterward filed a pro se motion to withdraw his plea and requested counsel.
- The trial court denied the motion to withdraw the day after it was filed but appointed the Public Defender; Slider timely appealed.
- Appellate counsel filed an Anders/McClendon brief arguing the sole issue — that Slider’s plea was invalid because he was unrepresented — and moved to withdraw; the court independently reviewed the record.
- The Superior Court found Slider knowingly, voluntarily, and intelligently waived counsel at the plea hearing based on the colloquy and signed statement, found no manifest injustice, affirmed the sentence, and granted counsel’s petition to withdraw.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Slider’s guilty plea was invalid because he was unrepresented | Commonwealth: waiver was valid; plea proceedings complied with Rule 121 and Faretta; no manifest injustice | Slider: plea was invalid because he lacked counsel when entering the plea | Court: Waiver was knowing, voluntary, intelligent; plea valid; no manifest injustice; appeal frivolous |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedural protections when counsel seeks to withdraw on appeal)
- McClendon, 434 A.2d 1185 (Pa. 1981) (Pa. standard governing counsel withdrawal on direct appeal)
- Santiago, 978 A.2d 349 (Pa. 2009) (requirements for Anders brief in Pennsylvania)
- Orellana, 86 A.3d 877 (Pa. Super. 2014) (procedural guidance on Anders compliance and court’s independent review)
- Faretta v. California, 422 U.S. 806 (U.S. 1975) (right to self-representation; valid waiver requirement)
- El, 977 A.2d 1158 (Pa. 2009) (Rule 121 waiver colloquy and Faretta compliance)
- Muntz, 630 A.2d 51 (Pa. Super. 1993) (distinction between pre- and post-sentence plea withdrawal standards)
- Muhammad, 794 A.2d 378 (Pa. Super. 2002) (manifest injustice standard: plea must be involuntary, unknowing, or unintelligent)
- Forbes, 299 A.2d 268 (Pa. 1973) (pre-sentence withdrawal liberally allowed; post-sentence requires manifest injustice)
- Lincoln, 72 A.3d 606 (Pa. Super. 2013) (procedural rule on timely challenge to plea voluntariness)