Com. v. Dettinger, W.

CourtSuperior Court of Pennsylvania
DecidedJune 24, 2025
Docket344 MDA 2024
StatusUnpublished

This text of Com. v. Dettinger, W. (Com. v. Dettinger, W.) 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. Dettinger, W., (Pa. Ct. App. 2025).

Opinion

J-S07005-25

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : WYATT NATHANIEL DETTINGER : : Appellant : No. 344 MDA 2024

Appeal from the Judgment of Sentence Entered February 6, 2024 In the Court of Common Pleas of York County Criminal Division at No(s): CP-67-CR-0006460-2019

BEFORE: NICHOLS, J., McLAUGHLIN, J., and KING, J.

MEMORANDUM BY NICHOLS, J.: FILED: JUNE 24, 2025

Appellant Wyatt Nathaniel Dettinger appeals from the judgment of

sentence imposed after he was convicted at a jury trial for first-degree murder

and tampering with physical evidence.1 Appellant’s Counsel2 has filed a

petition to withdraw and an Anders/Santiago3 brief. After review, we grant

the petition to withdraw and affirm Appellant’s judgment of sentence.

The record reflects that on July 22, 2019, Appellant fatally shot his

father (the Victim) twice with a shotgun. See Affidavit of Prob. Cause,

____________________________________________

1 18 Pa.C.S. § 2502(a), and 4910(1), respectively.

2 Appellant’s Counsel also represented Appellant at trial.

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

978 A.2d 349 (Pa. 2009). J-S07005-25

7/23/19, at 1-2. The trial court summarized the underlying facts of this case

as follows:

At the time of the incident, [Appellant] was in his bedroom with Cheyenne Storm (his girlfriend) (N.T., 12/5/23, page 103, 108; 12/7/23, pages 510, 512);

[Appellant] got mad, threw his phone at the television, then grabbed his gun and hit the television with it (N.T., 12/7/23, pages 512, 546);

[Appellant] loaded the gun and said he wanted to kill himself (N.T., 12/5/23, page 109; 12/7/23, page 547);

Shortly thereafter, the Victim came into the bedroom, yelled at [Appellant] to knock it off, and threatened to throw him out of the house (N.T., 12/5/23, page 203; 12/7/23, pages 561-562);

The Victim left the room, closing/slamming the door behind him (N.T., 12/5/23, page 111; 12/7/23, pages 512, 563);

After the Victim left the room, [Appellant] told Ms. Storm that he was going to kill [the Victim] (N.T., 12/5/23, pages 110-111);

[Appellant] pointed the gun at the wall where he figured the Victim would be on the other side and pulled the trigger (N.T., 12/7/23, page 563);

[Appellant] knew that pointing a gun in the direction of a path that somebody might be in that they could absolutely be hurt or even killed (N.T., 12/7/23, page 518);

When the bedroom door opened, [Appellant] knew he had hit the Victim and saw [the Victim] stumbling down the hallway with a big bullet wound on his chest (N.T., 12/7/23, pages 519, 542);

[Appellant] saw the Victim fall to the ground, then heard the Victim make gurgling noises (N.T., 12/7/23, pages 520, 549);

[Appellant] did not like the noise the Victim was making (N.T., 12/7/23, page 564);

The gun that [Appellant] used to shoot the Victim was a bolt- action firearm (N.T., 12/6/23, page 409);

A bolt-action firearm means that:

-2- J-S07005-25

After you discharge the firearm, you need to work the bolt itself by lifting the handle up, pulling it to the rear, which will extract and eject the discharged cartridge case (N.T., 12/6/23, page 425);

Each time you want to discharge the firearm, you have to place another cartridge into the chamber (N.T.,12/6/23, page 415);

The cartridge is chambered into the firearm by pushing the bolt forward (N.T., 12/6/23, page 424);

After shooting the Victim the first time, [Appellant] cleared the discharged casing from the firearm (N.T., 12/7/23, page 545);

[Appellant] then chambered a second round in the firearm (N.T., 12/7/23, page 545);

[Appellant] then aimed the gun at the Victim (N.T., 12/7/23, page 545);

[Appellant] pulled the trigger a second time, hitting the Victim again (N.T., 12/7/23, pages 520-521, 543, 545-546, 550-551, 565);

[Appellant] took the gun and put it back in the gun bag (N.T., 12/7/23, page 552);

[Appellant] collected the two spent shell casings and put them in the gun bag (N.T., 12/7/23, pages 528, 551-552);

[Appellant] took the gun bag, stepped over/went around the Victim’s body, and left the residence with his girlfriend in her vehicle (N.T., 12/7/23, pages 552-555);

While [Appellant] was in his girlfriend’s car, he was Googling on his cellphone “how many years would you go to prison for killing someone?” (N.T., 12/6/23, pages 442-443; 12/7/23, page 555; Commonwealth’s Exhibit #’s 85, 86);

[Appellant] never tried to help the Victim (N.T., 12/5/23, page 122; 12/7/23 , page 554);

[Appellant] never called 911 (N.T., 12/7/23, pages 554-555, 557); and [Appellant] told Trooper Weldon that the reason he shot the Victim a second time instead of calling 911 for help was because he was scared to go to jail (Commonwealth’s Exhibit # 54, pages 34-35; Exhibit # 53).

-3- J-S07005-25

[Appellant] claimed that he blacked out at the time, and that he did not intend to shoot the Victim.

Trial Ct. Op., 5/31/24, at 3-5 (formatting altered).

Following a jury trial, Appellant was found guilty of one count of first-

degree murder and one count of tampering with physical evidence. On

February 6, 2024, the trial court sentenced Appellant to a term of life without

parole for the murder conviction and a concurrent term of six to twelve months

of incarceration for tampering with physical evidence. See N.T., Sentencing,

2/6/24, at 4-5. This resulted in an aggregate sentence of a life without parole.

See id. Appellant filed a timely appeal, and both the trial court and Appellant

complied with Pa.R.A.P. 1925.

In the Anders/Santiago brief, Appellant’s Counsel concluded that there

were no non-frivolous issues. Anders/Santiago Brief at 11. “When faced

with a purported Anders[/Santiago] brief, this Court may not review the

merits of any possible underlying issues without first examining counsel’s

request to withdraw.” Commonwealth v. Wimbush, 951 A.2d 379, 382 (Pa.

Super. 2008) (citation omitted). Counsel must comply with the technical

requirements for petitioning to withdraw by (1) filing a petition for leave to

withdraw stating that after making a conscientious examination of the record,

counsel has determined that the appeal would be frivolous; (2) providing a

copy of the brief to the appellant; and (3) advising the appellant of the right

to retain private counsel, proceed pro se, or raise additional arguments that

the appellant considers worthy of the court’s attention. See Commonwealth

-4- J-S07005-25

v. Goodwin, 928 A.2d 287, 290 (Pa. Super. 2007) (en banc). In an

Anders/Santiago brief, counsel must set forth the issues that the defendant

wishes to raise and any other claims necessary to effectuate appellate

presentation of those issues. Commonwealth v. Millisock, 873 A.2d 748,

751 (Pa. Super. 2005).

Additionally, counsel must file a brief that meets the requirements

established in Santiago, namely:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
Commonwealth v. Wimbush
951 A.2d 379 (Superior Court of Pennsylvania, 2008)
Commonwealth v. Beshore
916 A.2d 1128 (Superior Court of Pennsylvania, 2007)
Commonwealth v. Kalichak
943 A.2d 285 (Superior Court of Pennsylvania, 2008)
Commonwealth v. Smith
985 A.2d 886 (Supreme Court of Pennsylvania, 2009)
Commonwealth v. Santiago
978 A.2d 349 (Supreme Court of Pennsylvania, 2009)
Commonwealth v. Kane
10 A.3d 327 (Superior Court of Pennsylvania, 2010)
Commonwealth v. Talbert
129 A.3d 536 (Superior Court of Pennsylvania, 2015)
Commonwealth v. Yorgey
188 A.3d 1190 (Superior Court of Pennsylvania, 2018)
Commonwealth v. Millisock
873 A.2d 748 (Superior Court of Pennsylvania, 2005)
Commonwealth v. Goodwin
928 A.2d 287 (Superior Court of Pennsylvania, 2007)
Commonwealth v. Lopez
57 A.3d 74 (Superior Court of Pennsylvania, 2012)
Commonwealth v. Flowers
113 A.3d 1246 (Superior Court of Pennsylvania, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
Com. v. Dettinger, W., Counsel Stack Legal Research, https://law.counselstack.com/opinion/com-v-dettinger-w-pasuperct-2025.