Commonwealth v. Dempster
187 A.3d 266
| Pa. Super. Ct. | 2018Background
- Melissa R. Dempster pled guilty to second‑degree misdemeanor retail theft and received two years’ probation on October 1, 2015.
- While on probation she failed to report, overdosed on heroin requiring hospitalization, and did not pay court costs; a bench warrant issued and she was detained ~75 days.
- At a Gagnon II revocation hearing on November 22, 2016, she stipulated to the violations; the VOP court revoked probation and sentenced her to 1–2 years’ imprisonment (the statutory maximum for a second‑degree misdemeanor).
- Trial court explained the sentence was intended to address the seriousness of her addiction and to secure access to state recovery programs; Appellant did not file a post‑sentence motion.
- Counsel filed an Anders brief and motion to withdraw, arguing only that the 1–2 year term was "harsh and excessive." The Superior Court conducted the required Anders review and found the appeal frivolous.
- Judgment of sentence affirmed; counsel’s petition to withdraw granted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 1–2 year VOP sentence was harsh/excessive (discretionary‑aspects challenge) | Dempster contended sentence was excessive given circumstances | VOP court argued sentence was justified to address severe heroin addiction and to access treatment; no timely post‑sentence objection was made | Waived for failure to preserve; appeal frivolous; sentence affirmed |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedures required when appellate counsel seeks to withdraw on grounds of frivolity)
- Santiago v. Commonwealth, 978 A.2d 349 (Pa. 2009) (Anders obligations and reviewing court’s duty to independently examine record)
- Commonwealth v. Goodwin, 928 A.2d 287 (Pa. Super. 2007) (en banc) (scope of Anders review—review entire record for nonfrivolous issues)
- Commonwealth v. Flowers, 113 A.3d 1246 (Pa. Super. 2015) (addressing scope of Anders review)
- Commonwealth v. Baney, 860 A.2d 127 (Pa. Super. 2004) (limiting Anders review to issues raised in brief or by pro se appellant)
- Gagnon v. Scarpelli, 411 U.S. 778 (U.S. 1973) (due‑process framework for probation revocation hearings)
- Commonwealth v. Leatherby, 116 A.3d 73 (Pa. Super. 2015) (requirements and waiver rules for discretionary‑aspects sentencing challenges)
- McClendon v. Commonwealth, 434 A.2d 1185 (Pa. 1981) (Anders procedure as interpreted in Pennsylvania)