Com. v. Toles, M., 330 WDA 2024

Michael Jonathan Toles was involved in a 2020 robbery, during which an accomplice shot and killed Devin Way.
Toles cooperated with law enforcement, testified against two accomplices, and acknowledged his role.
He entered a negotiated guilty plea to third-degree murder; in exchange, the Commonwealth dropped other charges and recommended a specific sentence.
Toles received a sentence of 12.5 to 40 years' incarceration outside Pennsylvania, per the agreement, due to threats and injuries he faced while in custody.
After sentencing, Toles moved for reconsideration based on mitigating factors, but the trial court denied relief. His counsel later filed to withdraw, citing Anders v. California, stating the appeal was frivolous.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Abuse of discretion in sentencing given mitigating circumstances	Toles argued the trial court should have imposed a lesser sentence due to his age, family support, cooperation, and threats/injuries suffered	The Commonwealth and existing precedent argue that a negotiated plea with a specific sentence precludes discretionary sentencing appeals	The court held the appeal was wholly frivolous; such a challenge is barred by the plea agreement

Anders v. California, 386 U.S. 738 (Anders withdrawal standard for counsel in appeals)
Commonwealth v. Dalberto, 648 A.2d 16 (Pa. Super. 1994) (negotiated plea with set sentence bars appeal of discretionary aspects)
Commonwealth v. Eisenberg, 98 A.3d 1268 (Pa. 2014) (proper guilty plea extinguishes nearly all appellate challenges)
Commonwealth v. Goodwin, 928 A.2d 287 (Pa. Super. 2007) (requirements for Anders withdrawal)
Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009) (specifics for Anders brief content)
Commonwealth v. Dempster, 187 A.3d 266 (Pa. Super. 2018) (court's duty to verify frivolousness in Anders appeals)