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COMMONWEALTH PENNSYLVANIA v. RAYMOND OLIVER (06/02/78)

decided: June 2, 1978.

COMMONWEALTH OF PENNSYLVANIA
v.
RAYMOND OLIVER, APPELLANT



No. 290 January Term, 1976, Appeal from the Judgment of Sentence of the Court of Common Pleas, Trial Division Criminal Section for the County of Philadelphia imposed January 19, 1976 at No. 535 April Term, 1975

COUNSEL

Roy H. Davis, Drexel Hill, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Deputy Dist. Atty. for Law, Michael R. Stiles, Asst. Dist. Atty., Chief, Appeals Div., for appellee.

Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix, Manderino and Larsen, JJ. Pomeroy, J., filed a dissenting opinion in which Eagen, C. J., and Larsen, J., joined.

Author: Manderino

[ 479 Pa. Page 149]

OPINION OF THE COURT

Appellant, Raymond Oliver, was convicted of murder in the third degree and possession of an instrument of crime in a non-jury trial on October 1, 1975. Post-verdict motions were filed on October 8, 1975. On January 19, 1976 the post-verdict motions were withdrawn at the request of appellant and sentence was imposed. Appellant received a sentence of seven to fifteen years for the murder and a consecutive five-year sentence of probation for the possession crime. This direct appeal, involving only the murder conviction, followed.

After submitting a brief in this appeal, appellant's counsel filed a petition requesting permission to withdraw as appellant's counsel. For the reasons that follow we deny counsel's petition and remand the record to the trial court for filing and consideration of post-verdict motions.

The brief filed by appellant's counsel is indeed a strange one, woefully inadequate under the rule set out in Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). It cannot be considered an advocate's brief. The brief states under the required section "Statement of Questions Involved" only the following:

"Whether or not counsel for the appellant should be permitted to withdraw from the case and appellant be permitted to proceed in propria persona?"

In the section of the brief entitled "Summary of the Argument" the brief states in its entirety:

"The question involved is whether or not counsel for the appellant should be permitted to withdraw from the case and appellant be permitted to proceed in propria persona. The appellant withdrew his motions for a new trial and in arrest of judgment. Counsel feels that this action precluded appeal."

In the section of the brief entitled "Argument," which consists of two pages, counsel points out to this Court several issues which might ...


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