Com. v. Rodriguez, M.

Superior Court of Pennsylvania·Decided May 5, 2026·No. 706 MDA 2025·Unpublished·Bender

Opinion

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA

:

v. :

:

:

MIGUEL ANGEL RODRIGUEZ :

:

Appellant : No. 650 MDA 2025

Appeal from the Judgment of Sentence Entered April 14, 2025 In the Court of Common Pleas of Lancaster County Criminal Division at No(s): CP-36-CR-0004713-2022

COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA

:

v. :

:

:

MIGUEL A. RODRIGUEZ :

:

Appellant : No. 706 MDA 2025

Appeal from the Judgment of Sentence Entered April 14, 2025 In the Court of Common Pleas of Lancaster County Criminal Division at No(s): CP-36-CR-0004712-2022

BEFORE: BOWES, J., OLSON, J., and BENDER, P.J.E. MEMORANDUM BY BENDER, P.J.E.: FILED: MAY 5, 2026 Appellant, Miguel A. Rodriguez, appeals from the aggregate judgment of sentence of life without the possibility of parole, followed by a consecutive term of forty-one and one-half to eighty-five years of incarceration, following his convictions for first-degree murder, assault on law enforcement officers, aggravated assault, and multiple related offenses. Additionally, Appellant’s counsel, MaryJean Glick, Esq., (“Appellate Counsel”), requests permission to

withdraw from further representation pursuant to Anders v. California, 386 A.2d 738 (Pa. 1967) and Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009). After review, we affirm the judgment of sentence and grant Appellate Counsel’s petition to withdraw.

The record reflects that on September 11, 2022, Appellant was in the apartment that he shared with Nemesis Florentino when Appellant shot Ms. Florentino in the head resulting in her death. See N.T., Trial, 2/3/25, at 209- 212, 223-225, 231-234; N.T., Trial, 3/5/25, at 662-665. When Officer John Mulligan, Officer Kyle Brown, and Lieutenant Christopher Chase arrived on the scene, Appellant began shooting through the doors and windows of the apartment at the officers, and the officers were prevented from entering the apartment to investigate or render aid to Ms. Florentino. See N.T., Trial, 2/3/25, at 259, 263-65, 267-74, 278-79, 292. Police ultimately fired teargas into the apartment leading to Appellant’s surrender. See N.T., Trial, 2/4/25, at 371-372, 376, 405-06.

Appellant was arrested and charged at trial court docket 4712-2022 with one count each of criminal homicide (18 Pa.C.S. § 2501(a)) and recklessly endangering another person (“REAP”)(18 Pa.C.S. § 2705). At trial court docket 4713-2022, Appellant was charged with three counts each of criminal attempt to commit murder of a law enforcement officer (18 Pa.C.S. § 901), assault of a law enforcement officer (18 Pa.C.S. § 2702.1(a)(1)), aggravated assault graded as a felony of the first degree (18 Pa.C.S. §2702(a)(2)), aggravated assault graded as a felony of the second degree (18 Pa.C.S.

§ 2702(a)(6)), REAP (18 Pa.C.S. § 2705), and obstructing administration of law or other governmental function (18 Pa.C.S. § 5101).

Following a jury trial, Appellant was convicted of first-degree murder and REAP at docket 4712-2022. The trial court sentenced Appellant to a term of life without the possibility of parole for the murder and a concurrent term of two years’ probation for REAP. Sentencing Order (4712-2022), 4/14/25, at 1; N.T., Sentencing, 4/14/25, at 22.

At docket 4713-2022, the jury found Appellant guilty of two counts of assault on a law enforcement officer, two counts of aggravated assault graded as a first-degree felony, three counts of aggravated assault graded as a second-degree felony, three counts of REAP, and three counts of obstructing law enforcement.1 Appellant was acquitted on the remaining counts. The trial court imposed an aggregate sentence of forty-one and one-half to eighty-five years of incarceration at docket 4713-2022. Sentencing Order (4713-2022), 4/14/25, at 1-4; N.T., Sentencing, 4/14/25, at 22-24. Appellant’s aggregate

sentence at both trial court dockets was life without the possibility of parole,

1 Specifically, at docket 4713-2022, Appellant was found guilty at count four

(assault on a law enforcement officer - Officer John Mulligan), count five (assault on a law enforcement officer - Officer Kyle Brown), count seven (aggravated assault (F1) – Officer John Mulligan), count eight (aggravated assault (F1) – Officer Kyle Brown), count ten (aggravated assault (F2) - Officer John Mulligan), count eleven (aggravated assault (F2) – Officer Kyle Brown), count twelve (aggravated assault (F2) – Lieutenant Christopher Chase), count thirteen (REAP – Officer John Mulligan), count fourteen (REAP – Officer Kyle Brown), count fifteen (REAP - Lieutenant Christopher Chase), count sixteen (obstructing law enforcement – Officer John Mullihan), count seventeen (obstructing law enforcement – Officer Kyle Brown), and count eighteen (obstructing law enforcement – Lieutenant Christopher Chase).

followed by a consecutive term of forty-one and one-half to eighty-five years of incarceration.

No post-sentence motions were filed, and Appellant filed timely appeals at both dockets.2 In lieu of Pa.R.A.P. 1925(b) statements, Appellate Counsel filed statements of intent to file an Anders brief pursuant to Pa.R.A.P. 1925(c)(4) at each docket.

In the Anders brief, Appellate Counsel identifies three issues which might arguably support an appeal. Anders Brief at 18-29. The issues challenge the sufficiency of the evidence, the legality of the sentences imposed, and the discretionary aspects of the sentences imposed. See id.

Before we determine whether the issues Appellate Counsel identified are frivolous, we must first address the petition to withdraw. When presented with a petition to withdraw, this Court “must first determine whether appellate counsel has satisfied all of the requirements that court-appointed counsel must meet before leave to withdraw may be granted.” Commonwealth v. Weitzel, 304 A.3d 1219, 1223 (Pa. Super. 2023). When seeking to withdraw as counsel on a direct appeal under Anders,

counsel must (1) petition the court for leave to withdraw stating that he has made a conscientious examination of the record and has determined that the appeal would be frivolous; (2) file a sufficient Anders brief; and (3) provide a copy of the Anders brief to the defendant and advise the defendant of his right to retain new counsel or proceed pro se and to raise any additional points that he deems worthy of the court’s attention.

2 On July 28, 2025, the appeals were consolidated sua sponte pursuant to Pa.R.A.P. 513. See Order, 7/28/25.

Id. Furthermore:

[A]n Anders brief must comply with all the following requirements:

[T]he Anders brief ... must (1) provide a summary of the procedural history and facts, with citations to the record;

(2) refer to anything in the record that counsel believes arguably supports the appeal; (3) set forth counsel’s conclusion that the appeal is frivolous; and (4) state counsel’s reasons for concluding that the appeal is frivolous.

Counsel should articulate the relevant facts of record, controlling case law, and/or statutes on point that have led to the conclusion that the appeal is frivolous.

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Com. v. Rodriguez, M., (Pa. Ct. App. 2026).

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