Com. v. Monroe, A.

CourtSuperior Court of Pennsylvania
DecidedJune 15, 2026
Docket461 MDA 2025
StatusUnpublished
AuthorOlson

This text of Com. v. Monroe, A. (Com. v. Monroe, A.) 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. Monroe, A., (Pa. Ct. App. 2026).

Opinion

J-S07029-26

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : ANTHONY AARON MONROE : : Appellant : No. 461 MDA 2025

Appeal from the PCRA Order Entered March 10, 2025 In the Court of Common Pleas of Lycoming County Criminal Division at No(s): CP-41-CR-0000983-2022

BEFORE: BOWES, J., OLSON, J., and BENDER, P.J.E.

MEMORANDUM BY OLSON, J.: FILED: JUNE 15, 2026

Appellant, Anthony Aaron Monroe, appeals pro se from the order

entered on March 10, 2025, dismissing his first petition filed pursuant to the

Post Conviction Relief Act (PCRA), 42 Pa.C.S.A. §§ 9541-9546. We affirm.

The PCRA court summarized the facts of this case as follows:

[T]he police initially became aware of [Appellant’s] criminal behavior through [] information provided by a confidential source that had been used in other criminal investigations which resulted in the arrest of other defendants and [the] seizure[] of illegal drugs, firearms and other proceeds of illegal drug enterprises. [Therefore, Appellant] agreed to meet with [an] undercover officer (UC) who [posed] as a “black market arms dealer” to trade handguns for cocaine. As a product of their conversation, [Appellant] showed the UC his own gun through FaceTime that he possessed prior to their meeting because he wanted to purchase extended magazines for it [and agreed to sell the UC cocaine in exchange]. The gun was seized from [Appellant after] a search warrant [was] obtained for his residence. The weapon was found in [Appellant’s] bedroom hidden under a dresser.

PCRA Court Opinion, 9/23/2024, at 6 (record citations omitted). J-S07029-26

The Commonwealth initially charged Appellant with persons not to

possess a firearm, receiving stolen property, and possession with intent to

deliver narcotics.1 Thereafter, the case progressed as follows:

On July 10, 2023, [Appellant] entered into a [counseled] negotiated guilty plea to [persons not to possess a firearm], a felony of the first-degree. The negotiated plea agreement was for a sentence of five to ten [] year[s of] incarceration [] with credit for time previously served. After his plea, [Appellant] was sentenced pursuant to the plea agreement and received credit for time served toward the sentence from July 15, 2020 until July 10, 2023. No subsequent motions for reconsideration or appeals were filed. Therefore, [Appellant’s] judgment of sentence became final on August 9, 2023.

[Appellant] filed a timely pro se PCRA petition, in which he alleged that the court failed to inform [him] of the elements of the crimes charged, [that] his sentence was illegal for failing to conduct a hearing to determine if he could pay [] fines, [that] he was entrapped and that his sentence was “null and void, and unconstitutional as applied to [him] based upon Range v. Attorney General, 69 F.4th 96 (3d Cir. 2023) and New York State Rifle Assn. Inc. v. Bruen, 142 S.Ct. 2111 (2022).” [The PCRA] court appointed [counsel to represent Appellant] on February 21, 2024. On May 3, 2024, [PCRA counsel] filed a petition [under Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988) and Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988)] to withdraw from [PCRA] representation[.] A PCRA conference was held on May 14, 2024. After consideration of the entire record, [the PCRA] court agree[d] with [PCRA counsel] that [Appellant] failed to raise any meritorious issues in his PCRA petition.

Id. at 1-2 (unnecessary capitalization omitted). On September 23, 2024, the

PCRA court granted PCRA counsel’s petition to withdraw and filed notice of its

intent to dismiss the PCRA petition without a hearing pursuant to Pa.R.Crim.P.

____________________________________________

1 18 Pa.C.S.A. §§ 6105(a)(1) and 3925(a); 35 P.S. § 780-113(a)(30).

-2- J-S07029-26

907, along with an accompanying opinion. By order entered on March 10,

2025, the PCRA court dismissed Appellant’s PCRA petition. This timely pro se

appeal followed.2

On appeal, Appellant presents the following issues3 for our review:

I. Whether the [PCRA] court’s determination to deny [PCRA] relief was free of legal error?

II. Whether [the] ineffectiveness of trial counsel fell below the standard of reasonableness and prejudiced Appellant, causing Appellant to enter into an unknowing and unintelligent plea?

Appellant’s Pro Se Brief, at vi.

Appellant raises related claims in challenging the PCRA court’s order that

dismissed his petition for collateral relief. First, Appellant claims the

investigating undercover officer falsely represented himself as a black-market

arms dealer to induce Appellant to commit an offense Appellant was not

otherwise predisposed to undertake. See Appellant’s Brief at 1. As such,

2 Appellant filed a pro se notice of appeal on April 1, 2025. On the same day, the PCRA court filed an opinion pursuant to Pa.R.A.P. 1925(a). The PCRA court’s opinion largely relied upon the court’s earlier decision filed on September 23, 2024 but also addressed Appellant’s claim that his conviction for possession of a firearm under Section 6105(a) was unconstitutional.

3 As briefly set forth above, Appellant presented additional issues to the PCRA court including alleged trial court error in failing to inform him of the elements of the crimes charged and to conduct a hearing to determine if he could pay fines, as well as his challenge to the constitutionality of Section 6105(a). Appellant has abandoned these issues and we find them waived. See Commonwealth v. Felder, 247 A.3d 14, 20 (Pa. Super. 2021) (citation omitted) (“[A]n issue identified on appeal but not developed in the appellant's brief is abandoned and, therefore, waived.”

-3- J-S07029-26

Appellant maintains that the PCRA court wrongly denied relief and dismissed

Appellant’s petition. See id. Next, Appellant asserts that he entered into an

invalid plea agreement because trial counsel failed to request a suppression

hearing based upon Appellant’s entrapment defense. See id. at 5. More

specifically, Appellant argues

counsel’s deficient performance prejudiced Appellant, was the proximate or primary moving cause of Appellant entering into an unknowing and unintelligent plea, and, that there is a reasonable probability that, but for counsel’s unprofessional errors and deficient performance, a suppression hearing would have been held on Appellant’s entrapment defense and Appellant would have insisted on going to trial where the proceeding would have been different.

Id. at 9. Appellant’s claims merit no relief.

This Court adheres to the following, well-settled standard of review:

[W]e must determine whether the findings of the PCRA court are supported by the record and whether the court's legal conclusions are free from error. The findings of the PCRA court and the evidence of record are viewed in a light most favorable to the prevailing party.

The PCRA court's credibility determinations, when supported by the record are binding; however, this Court applies a de novo standard of review to the PCRA court's legal conclusions. We must keep in mind that the petitioner has the burden of persuading this Court that the PCRA court erred and that such error requires relief. Finally, this Court may affirm a valid judgment or order for any reason appearing of record.

Commonwealth v.

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Com. v. Monroe, A., Counsel Stack Legal Research, https://law.counselstack.com/opinion/com-v-monroe-a-pasuperct-2026.