Com. v. Jones, K.

Opinion

J-S62004-16

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee

v.

KYLE WALTER JONES

Appellant No. 449 MDA 2016

Appeal from the Judgment of Sentence March 2, 2016 in the Court of Common Pleas of Lancaster County Criminal Division at No(s): CP-36-CR-0004127-2015

BEFORE: GANTMAN, P.J., DUBOW, J., and JENKINS, J.

JUDGMENT ORDER BY JENKINS, J.: FILED AUGUST 11, 2016

Kyle Walter Jones (“Appellant”) appeals from the March 2, 2016

judgment of sentence entered in the Lancaster County Court of Common

Pleas following his guilty plea convictions for one count of burglary,1 one

count of conspiracy to commit burglary,2 two counts of robbery,3 one count

of conspiracy to commit robbery,4 two counts of unlawful restraint,5 one

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1 18 Pa.C.S. § 3502. 2 18 Pa.C.S. § 903. 3 18 Pa.C.S. § 3701. 4 18 Pa.C.S. § 903. 5 18 Pa.C.S. § 2902. J-S62004-16

count of unlawful restraint of a minor,6 and three counts of terroristic

threats.7 As a prefatory matter, we observe counsel has designated and

filed Appellant’s brief on appeal as an Anders8 brief, and has filed with this

Court a petition to withdraw as counsel. Pursuant to Anders and its

Pennsylvania counterpart Commonwealth v. Santiago,9 when, after a

conscientious review of the record, counsel determines that there exist no

non-frivolous issues for review, counsel must: 1) petition the Court for leave

to withdraw, certifying that after a thorough review of the record, counsel

has concluded the issues to be raised are wholly frivolous; 2) file a brief

referring to anything in the record that might arguably support the appeal;

and 3) furnish a copy of the brief to the appellant and advise him of his right

to obtain new counsel or file a pro se brief to raise any additional point the

appellant deems worthy of review. Santiago, 978 A.2d at 358-61.

Instantly, the proof of services attached to the Anders brief and

counsel’s Motion to Withdraw indicate counsel served the Lancaster County

District Attorney’s Office with these documents, but not Appellant.

Accordingly, this Court cannot be certain whether counsel actually sent the

6 18 Pa.C.S. § 2902. 7 18 Pa.C.S. § 2706. 8 Anders v. California, 386 U.S. 738 (1967). 9 978 A.2d 349 (Pa.2009).

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Anders brief and Motion to Withdraw to Appellant, despite the fact that

counsel’s March 27, 2016 letter to Appellant indicates counsel did provide

Appellant with copies of these filings.

Accordingly, we now order counsel, within ten (10) days of the filing of

this order, to produce and file with this Court evidence of service of the

Anders brief and Motion to Withdraw upon Appellant. Panel jurisdiction is

retained.

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