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COMMONWEALTH PENNSYLVANIA v. WILLIAM T. BRADLEY (10/14/83)

filed: October 14, 1983.

COMMONWEALTH OF PENNSYLVANIA
v.
WILLIAM T. BRADLEY, APPELLANT



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, 1812F77

COUNSEL

Gilbert E. Toll, Philadelphia, for appellant.

Jane Cutler Greenspan, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Brosky, Wieand and Beck, JJ.

Author: Brosky

[ 320 Pa. Super. Page 506]

In this case we must determine whether appellant's counsel's request to withdraw from representation of Mr. Bradley should be granted. Because we have concluded that the appeal is wholly frivolous and that counsel has complied with the requirements of Anders*fn1 and McClendon,*fn2 we grant the request to withdraw and affirm the judgment of sentence.

On October 4, 1977 appellant entered pleas of guilty to a series of burglaries and robberies in Philadelphia. He was sentenced to terms of imprisonment totaling fifteen to thirty years, with a twenty year concurrent probationary term. The sentence was to be served concurrently with sentences on other unrelated charges.

No petition to withdraw the guilty plea was filed, but appellant did file the present appeal pro se. Appellant had been represented by the Defender Association of Philadelphia. When this appeal was filed, present counsel was appointed.

In his brief counsel explains that although he made numerous requests that appellant inform him of matters complained of on appeal, appellant never supplied such information and in fact appellant never suggested to him that he wished to withdraw his guilty plea, that his counsel was ineffective, that he did not understand his rights, that he did not intend to plead guilty or that the sentence was improper. Consequently, no statement of matters complained of was filed. We could, of course, consider the failure to comply with a direction to file such a statement, a waiver of all claims. See Pa.R.A.P. 1925(b).

Before deciding whether counsel's request to withdraw should be granted we must first determine whether he has complied with the following requirements of McClendon, supra. They are: 1) counsel must have notified appellant

[ 320 Pa. Super. Page 507]

    of his request to withdraw; 2) counsel must furnish appellant with a copy of his Anders brief; 3) counsel must have advised appellant of his right to retain new counsel or raise any points he may deem worthy of his consideration in a pro se brief. See also Commonwealth v. Walker, 311 Pa. Super. 213, 457 A.2d 571 (1983), Commonwealth v. Worthy, 301 Pa. Super. 46, 446 A.2d 1327 (1982).

Although the first request filed by counsel did not satisfy all of these requirements,*fn3 the amended brief has ...


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