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COMMONWEALTH PENNSYLVANIA v. JAMES WILLIAM JONES (03/18/75)

SUPREME COURT OF PENNSYLVANIA


decided: March 18, 1975.

COMMONWEALTH OF PENNSYLVANIA
v.
JAMES WILLIAM JONES, JR., APPELLANT

COUNSEL

Mitchell W. Miller, Philadelphia, for appellant.

F. Emmett Fitzpatrick, Jr., Dist. Atty., David Richman, Chief, Appeals Div., Philadelphia, for appellee.

Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ.

Author: Roberts

[ 460 Pa. Page 714]

OPINION OF THE COURT

Appellant James William Jones, Jr., was convicted, after trial before a jury, of voluntary manslaughter for the stabbing death of Joyce Warren. His trial counsel filed post-trial motions, but at the sentencing proceeding in the presence of counsel, appellant himself withdrew the motions. He was sentenced to serve a six-to-twelve year term of imprisonment.

Subsequently appellant instituted a pro se appeal and new counsel was appointed to assist him. Counsel submitted a brief to this Court and requested leave to withdraw from the case. Because counsel's brief failed to comply with the requirements of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and Commonwealth v. Baker, 429 Pa. 209, 239 A.2d 201 (1968), we held that his request to withdraw was premature and directed him to file a brief complying with Anders and Baker. Commonwealth v. Jones, 451 Pa. 69, 301 A.2d 811 (1973).

Counsel has finally submitted a brief that purports to "thoroughly discuss and present all possible grounds 'that might arguably support the appeal.'"*fn1

[ 460 Pa. Page 715]

These claims have not been preserved for appellate review. It is axiomatic that we will not consider issues that were not raised in support of post-trial motions. Commonwealth v. Reid, 458 Pa. 357, 326 A.2d 267 (1974); cf. Commonwealth v. Clair, Pa., 326 A.2d 272 (1974). Appellant's trial counsel filed post-trial motions,*fn2 but appellant himself requested that they be withdrawn. Accordingly, his present claims have not been preserved. The issue whether appellant's decision was voluntary and made with the competent advice of counsel has not been raised on appeal, and therefore we do not consider it.

Judgment of sentence affirmed.


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