Com. v. Andrews, R.

CourtSuperior Court of Pennsylvania
DecidedOctober 17, 2025
Docket1530 MDA 2024
StatusUnpublished

This text of Com. v. Andrews, R. (Com. v. Andrews, R.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Com. v. Andrews, R., (Pa. Ct. App. 2025).

Opinion

J-S26024-25

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : ROBERT A. ANDREWS : : Appellant : No. 1530 MDA 2024

Appeal from the Judgment of Sentence Entered September 10, 2024 In the Court of Common Pleas of Lackawanna County Criminal Division at No(s): CP-35-CR-0001025-2023

COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : ROBERT A. ANDREWS : : Appellant : No. 1531 MDA 2024

Appeal from the Judgment of Sentence Entered September 17, 2024 In the Court of Common Pleas of Lackawanna County Criminal Division at No(s): CP-35-CR-0002443-2023

BEFORE: LAZARUS, P.J., OLSON, J., and BECK, J.

MEMORANDUM BY OLSON, J.: FILED: OCTOBER 17, 2025

In this consolidated appeal, Appellant, Robert A. Andrews, appeals from

the September 10, 2024 judgment of sentence entered in the Court of

Common Pleas of Lackawanna County at trial court docket number

CP-35-CR-0001025-2023 (“Case 1025”), as well as the September 17, 2024

judgment of sentence entered in the Court of Common Pleas of Lackawanna J-S26024-25

County at trial court docket number CP-35-CR-0002443-2023 (“Case 2443”).1

As explained in greater detail infra, the trial court sentenced Appellant to an

aggregate term of 39 to 90 months’ incarceration to be followed by 48 months’

probation after Appellant pled guilty, in Case 1025, to simple assault – fear of

imminent serious bodily injury, and aggravated assault by vehicle and driving

under the influence of alcohol or controlled substance (“DUI”) in Case 2443.2

Counsel for Appellant, Donna M. DeVita, Esquire (“Attorney DeVita”) filed an

Anders brief and a petition to withdraw as counsel.3 After a comprehensive

review, we affirm the judgments of sentence and grant the petition to

withdraw.

Appellant’s criminal conviction in Case 1025 stems from an incident, on

April 5, 2023, wherein Appellant threatened two individuals with a knife

____________________________________________

1 In a November 6, 2024 per curiam order, this Court consolidated sua sponte

Appellant’s appeals docketed with this Court at 1530 MDA 2024 and 1531 MDA 2024.

For reasons explained in greater detail infra, Appellant’s judgment of sentence in Case 2443 became final on September 17, 2024. The caption has been corrected accordingly.

2 18 Pa.C.S.A.§ 2701(a)(3), as well as 75 Pa.C.S.A. §§ 3732.1(a) and 3802(d)(1)(i), respectively.

3 Anders v. California, 386 U.S. 738 (1967); see also Commonwealth v.

Santiago, 978 A.2d 349 (Pa. 2009); Commonwealth v. McClendon, 434 A.2d 1185 (Pa. 1981).

-2- J-S26024-25

because one of the individuals, a female, contacted Appellant’s parole officer.4

Affidavit of Probable Cause, 4/5/23. Appellant was charged with two counts

of terroristic threats – crime of violence with intent to terrorize, two counts of

simple assault – fear of imminent serious bodily injury, and one count of

harassment – strikes, shoves, or kicks.5 Appellant pled guilty to one count of

simple assault on November 21, 2023.

In Case 2443, the following incident occurred on September 2, 2023.

Appellant [led] the Taylor Borough Police Department on a vehicle chase through portions of the Borough of Taylor[, Pennsylvania, which, ultimately, ended] within the City of Scranton[, Pennsylvania]. During that vehicle chase, Appellant drove his vehicle erratically, struck multiple other occupied vehicles, and eventually crashed [the] vehicle into a residence located [within] the 2100 block of Pittston Avenue in Scranton. After which, Appellant fled on foot, but was apprehended by members of the Scranton Police Department a short time later[.]

Trial Court Opinion, 3/13/25, at 3; see also Affidavit of Probable Cause,

9/5/23. Appellant was charged with aggravated assault by vehicle, accidents

involving death or personal injury while not properly licensed – accident

resulting in injury or death, fleeing or attempting to elude police officer,

evading arrest or detention on foot, recklessly endangering another person,

DUI, driving vehicle at safe speed, reckless driving, careless driving – serious ____________________________________________

4 Appellant was the boyfriend of the female individual’s niece and was living

in the female individual’s residence as part of his home plan for parole. Affidavit of Probable Cause, 4/5/23.

5 18 Pa.C.S.A. §§ 2706(a)(1) (two counts), 2701(a)(3) (two counts), and 2709(a)(1) (one count), respectively.

-3- J-S26024-25

bodily injury, and driving while operating privilege is suspended or revoked.6

On June 10, 2024, Appellant pled guilty to aggravated assault by vehicle and

DUI.

On September 10, 2024, at Case 1025, the trial court sentenced

Appellant to 11 to 24 months’ incarceration for his simple assault conviction.7

N.T., 9/10/24, at 8; see also Sentencing Order, 9/20/24. That same day,

the trial court, in Case 2443, sentenced Appellant to 27 to 60 months’

incarceration to be followed by 48 months’ probation for his conviction of

aggravated assault by vehicle. N.T., 9/10/24, at 8; see also Sentencing

Order, 9/20/24. The trial court deferred sentencing Appellant for his DUI

conviction on September 10, 2024, because Appellant had not yet completed

a court reporting network (“CRN”) evaluation.8 N.T., 9/10/24, at 8.

Therefore, Appellant’s judgment of sentence is Case 2443 was not finally

concluded on September 10, 2024. See Commonwealth v. Cross, 317 A.3d

6 75 Pa.C.S.A. §§ 3732.1(a), 3742.1(a)(1), 3733(a), as well as 18 Pa.C.S.A.

§§ 5104.2(a), and 2705 and 75 Pa.C.S.A. §§ 3802(d)(1)(i), 3361, 3736, 3714(c), and 1543, respectively.

7 In Case 1025, the trial court credited Appellant with 49 days for time served.

Sentencing Order, 9/20/24. The other charges originally filed at Case 1025 were nolle prosequied as part of the sentencing hearing on September 10, 2024. See Trial Court Docket (Case 1025) at 4-5.

8 With the exception of the DUI conviction for which Appellant was to be sentenced at a later date, the remaining charges originally filed at Case 2443 were nolle prosequied as part of the sentencing hearing on September 10, 2024. See Trial Court Docket (Case 2443) at 5-6.

-4- J-S26024-25

655, 657-658 (Pa. Super. 2024) (stating that, a judgment of sentence is

completed only after the trial court imposes sentence on all claims the

Commonwealth filed against a defendant and which resulted in conviction).

On September 17, 2024, the trial court sentenced Appellant to 1 to 6

months’ incarceration for his DUI conviction. N.T., 9/17/24, at 2; see also

Sentencing Order, 9/20/24. In addition, the sentence imposed for Appellant’s

aggravated assault by vehicle conviction was set to run consecutively to the

sentence imposed in Case 1025. Sentencing Order, 9/20/24. The sentence

imposed for Appellant’s DUI conviction was set to run consecutively to the

sentence imposed for Appellant’s aggravated assault by vehicle conviction.

Id. The term of probation imposed as part of the sentence for aggravated

assault by vehicle was set to run consecutively to Appellant’s aggregate term

of incarceration.9 Id. It was at this point that the trial court imposed a

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Bluebook (online)
Com. v. Andrews, R., Counsel Stack Legal Research, https://law.counselstack.com/opinion/com-v-andrews-r-pasuperct-2025.