Commonwealth v. Burwell
42 A.3d 1077
Pa. Super. Ct.2012Background
- Burwell was convicted by jury of aggravated assault with deadly weapon enhancement for striking a caretaker with an electric guitar, resulting in a broken wrist and eye socket injury.
- Judge Connelly imposed a high-end standard-range sentence of 120–240 months plus restitution of $2,800 and costs.
- Burwell filed post-sentence motions; the trial court denied them without a hearing or Rule 1925(a) opinion.
- Burwell filed a direct appeal with Anders/McClendon briefing; the court appointed no memorandum opinion on appeal, triggering remands for 1925(a) opinion and advocate’s brief.
- The Superior Court engaged in a lengthy procedural history, directing remands for a complete Rule 1925 process and addressing non-frivolous issues, including due process concerns with jury instructions and restitution legality.
- The final disposition remanded for counsel to file a Rule 1925(b) statement and for the trial court to prepare a thorough 1925(a) opinion addressing non-frivolous issues; petition to withdraw denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether restitution for lost wages was legal | Burwell | Burwell | Remand warranted to determine legality of lost-wage restitution |
| Whether deadly weapon enhancement applied to guitar was proper | Burwell | Burwell | Issue non-frivolous; remand to address on appeal |
| Sufficiency of evidence for serious bodily injury | Burwell | Burwell | Evidence issue remanded for full review |
| Effect of trial judge’s jury instruction on burden of proof | Burwell | Burwell | Instruction potentially prejudicial; error acknowledged |
| Counsel withdrawal and Anders framework eligibility | Burwell | Burwell | No frivolous issues; remand for Rule 1925 briefing and opinion |
Key Cases Cited
- Commonwealth v. Wright, 846 A.2d 730 (Pa.Super.2004) (Anders review and non-merits-based remand guidance)
- Commonwealth v. Wrecks, 931 A.2d 717 (Pa.Super.2007) (withdrawal standards for Anders on direct appeal)
- Commonwealth v. Gee, 575 A.2d 628 (Pa.Super.1990) (Anders framework and procedural requirements)
- Commonwealth v. Santiago, 978 A.2d 349 (Pa.2009) (modifies Anders withdrawal requirements post-Santiago)
- Commonwealth v. Nischan, 928 A.2d 349 (Pa.Super.2007) (conscientious examination and Anders concepts)