No. 234 October Term, 1978, Appeal from the Judgment of Sentence of the Court of Common Pleas of Philadelphia County, Criminal Division, at Nos. 821, 823, 1811, 1812 F 77
Gilbert E. Toll, Philadelphia, for appellant.
Jane Cutler Greenspan, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.
Brosky, Wieand and Beck, JJ. Wieand, J., files dissenting opinion.
[ 311 Pa. Super. Page 161]
Counsel for appellant has filed a brief containing a request that he be permitted to withdraw from the case. Because we find that counsel has not met 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 deny said request.
Appellant pleaded guilty to multiple burglary and robbery counts in 1977. He was sentenced to terms of imprisonment of 15 to 30 years and 20 years of current probation. Prior to the filing of this appeal pro se, appellant had been represented by the Defender Association of Philadelphia. After his appeal was filed, present counsel was appointed.
[ 311 Pa. Super. Page 162]
In his brief, appellant's counsel first presents the argument that appellant's guilty plea was invalid. He then argues that he should be permitted to withdraw as counsel because the claim advanced by appellant as to his guilty plea is without merit.
We note initially that recently our Supreme Court said: This court has also noted "that lack of merit in an appeal is not the legal equivalent of frivolity." Commonwealth v. Greer, 455 Pa. 106, 108, 314 A.2d 513, 514 (1974).
Anders 'appears to rest narrowly on the distinction between complete frivolity and absence of merit. The latter is not enough to support either a request by counsel to withdraw, nor the granting of such a request by the court.' (Citation omitted.)
Commonwealth v. McClendon, 495 Pa. 467, 471, 434 A.2d 1185, 1187 (1981).
Appellant's counsel does not allege that the appeal is ...