Commonwealth v. Holcomb

Superior Court of Pennsylvania

Commonwealth v. Holcomb

311 A.2d 317, 226 Pa. Super. 328, 1973 Pa. Super. LEXIS 1363

CourtSuperior Court of Pennsylvania

DecidedNovember 8, 1973

DocketAppeal, No. 1476

StatusPublished

This text of 311 A.2d 317 (Commonwealth v. Holcomb) 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

Commonwealth v. Holcomb, 311 A.2d 317, 226 Pa. Super. 328, 1973 Pa. Super. LEXIS 1363 (Pa. Ct. App. 1973).

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Opinion

per Curiam,

On this appeal from sentence on a guilty plea, the brief of defendant's counsel is not in compliance with Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967), and Commonwealth v. Baker, 429 Pa. 209 (1968) . In part one of the brief counsel, states, without elaboration, that the sentencing court abused its discretion in summarily refusing to allow withdrawal of the guilty plea. The second part of the brief concludes that the plea was valid and counsel asks to withdraw under Commonwealth v. Baker, supra.

As stated in Commonwealth v. Sanchez, 224 Pa. Superior Ct. 391, 392, 307 A. 2d 387 (1973), counsel may either act as an advocate and argue the merits or seek to withdraw, if, after a thorough review, the appeal is found to be without merit.

The case is remanded to the court below with direction that appellant’s counsel prepare an adecpxate, proper, and consistent brief.

Wright, P. J., dissents.

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Opinion

per Curiam,

On this appeal from sentence on a guilty plea, the brief of defendant's counsel is not in compliance with Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967), and Commonwealth v. Baker, 429 Pa. 209 (1968) . In part one of the brief counsel, states, without elaboration, that the sentencing court abused its discretion in summarily refusing to allow withdrawal of the guilty plea. The second part of the brief concludes that the plea was valid and counsel asks to withdraw under Commonwealth v. Baker, supra.

As stated in Commonwealth v. Sanchez, 224 Pa. Superior Ct. 391, 392, 307 A. 2d 387 (1973), counsel may either act as an advocate and argue the merits or seek to withdraw, if, after a thorough review, the appeal is found to be without merit.

The case is remanded to the court below with direction that appellant’s counsel prepare an adecpxate, proper, and consistent brief.

Wright, P. J., dissents.

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Bluebook (online)

311 A.2d 317, 226 Pa. Super. 328, 1973 Pa. Super. LEXIS 1363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-holcomb-pasuperct-1973.

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