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COMMONWEALTH PENNSYLVANIA v. EDWARD TURNER (06/29/77)

decided: June 29, 1977.

COMMONWEALTH OF PENNSYLVANIA
v.
EDWARD TURNER, APPELLANT



Appeal from Judgment of Sentence entered in the Court of Common Pleas of Delaware County, Pennsylvania, Criminal Division, under Nos. 67-75, December 1974.

COUNSEL

Ernest T. Kardas, Assistant Public Defender, Media, for appellant.

Ralph B. D'Iorio, Assistant District Attorney, Media, for appellee.

Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ.

Author: Cercone

[ 248 Pa. Super. Page 307]

The sole issue is whether appellant's appointed counsel should be permitted to withdraw from this direct appeal. We conclude that counsel has not satisfied 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), and therefore deny his request to withdraw.

On September 30, 1975, appellant was convicted by a jury of numerous criminal offenses.*fn1 On October 1, 1975, appellant was sentenced*fn2 as follows: Robbery (Crimes Code § 3701), four-to-twelve years imprisonment plus costs; Theft

[ 248 Pa. Super. Page 308]

    by unlawful taking (Crimes Code § 3921), two-to-five years imprisonment plus costs; Theft by receiving stolen property (Crimes Code § 3925), suspended; Aggravated assault (Crimes Code § 2702), two-to-five years imprisonment plus costs; Simple assault (Crimes Code § 2701), suspended; Recklessly endangering another person (Crimes Code § 2705), one-to-two years imprisonment plus costs; Possessing instruments of crime (Crimes Code § 907), one-to-two years imprisonment plus costs; Crimes committed with firearms (Crimes Code § 6103), one-to-two years imprisonment plus costs; and Possession of Firearms without a license (Crimes Code § 6106), one-to-two years imprisonment plus costs. The sentences were ordered to run concurrently. Appellant then filed an appeal in this Court. Sometime thereafter, appellant's counsel presented his first request for permission to withdraw. We denied the request and entered the following per curiam order:

"AND NOW, December 20, 1976, counsel for appellant is directed either (1) to file an adequate withdrawal brief meeting the three Anders-Baker requirements set forth in Commonwealth v. Greer, 455 Pa. 106, 314 A.2d 296 [513] (1974) or, (2) to proceed with the appeal by filing an advocate's brief on the merits."

Pursuant to this order, appellant again seeks permission to withdraw accompanied with a purportedly adequate brief. It is this second withdrawal request and brief which we now review.

Anders and Baker instruct that before counsel may withdraw he must thoroughly analyze the record and conclude that an appeal is wholly frivolous. Commonwealth v. Greer, 455 Pa. 106, 314 A.2d 513 (1974); Commonwealth v. Jones, 451 Pa. 69, 301 A.2d 811 (1973); Commonwealth v. Johnson, 242 Pa. Super. 188, 363 A.2d 1223 (1976). As pertinently stated in Commonwealth v. Greer, 455 Pa. at 108-109, 314 A.2d at 514:

" Anders and Baker require that before appointed counsel may withdraw, he must thoroughly examine the record and determine whether his ...


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