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[U] Commonwealth v. Lewis

Superior Court of Pennsylvania

December 20, 2013

COMMONWEALTH OF PENNSYLVANIA Appellee
v.
ROBERT LEWIS Appellant COMMONWEALTH OF PENNSYLVANIA Appellee
v.
ROBERT LEWIS Appellant

NON-PRECEDENTIAL DECISION

Appeal from the Judgment of Sentence of December 6, 2012 In the Court of Common Pleas of Delaware County Criminal Division at Nos. CP-23-CR-0005107-2012, CP-23-CR-0000259-2012

BEFORE: BOWES, J., LAZARUS, J., and WECHT, J.

MEMORANDUM

WECHT, J.

Robert Lewis ("Appellant") appeals from his two December 6, 2012 judgments of sentence. Appellant's counsel has filed a petition to withdraw as counsel, together with an "Anders/Santiago" brief.[1] We grant counsel's petition to withdraw, and we affirm Appellant's judgments of sentence.

The trial court aptly set forth the facts and procedural history of this case as follows:

As to Transcript Number 259 of 2012, on or about July 1, 2011, at approximately 2215 Hours, Harrah's Casino security guards contacted Trooper John F. Niles of the Pennsylvania State Police . . . . The Harrah's security guards advised Trooper Niles that there was a Seven Hundred and Two Dollar ($702.00) voucher theft on the gaming floor. The victim[, ] James Cartlidge[, ] related to Trooper Niles that he had won money at the slot machines and that when he went to "cash-out" his winnings, he realized that one (1) of his voucher slips . . . was missing.
As a result of the foregoing, video surveillance tapes were reviewed and revealed that a black male later identified as [Appellant] . . . pick-pocketed James Cartlidge and took the voucher. The video surveillance also revealed that Appellant Lewis then immediately left the Casino via [Southeastern Pennsylvania Transportation Authority] [t]ransportation. However, on August 27, 2011, Harrah's Casino security guards spotted Appellant Lewis on the casino gaming floor and took him into their custody. Subsequently, the State Police were called and [Appellant] was charged with theft by unlawful taking as a misdemeanor of the first degree.[2] . . . Thereafter, due to the fact that Appellant Lewis failed to appear at his Pre-Trial Arraignment, a bench warrant was issued for his apprehension. Appellant Lewis was apprehended on the bench warrant and appeared before this Court on December 6, 2012 for a Rule 150 hearing.
As to Transcript Number 5107 of 2012, on August 19, 2011, Appellant Lewis was again at the Harrah's Casino in the City of Chester[, ] Pennsylvania and stole the sum of Two Hundred Dollars ($200.00) from the victim being Rosemary Bernadette Simpers. As a result of this second incident, Appellant Lewis was once again charged with theft by unlawful taking as a misdemeanor of the first degree. Thereafter, Appellant Lewis again failed to appear for his Pre-Trial arraignment scheduled for February 16, 2012. As a result, on Friday, February 17, 2012, a bench warrant was issued for his apprehension.
[On December 6, 2012, ] Appellant Lewis entered into a negotiated guilty plea on Transcript Number 259-12 to the charge of theft by unlawful taking graded as a misdemeanor of the first degree and was sentenced to twenty-three (23) months of intermediate punishment, during which time he was to serve forty-three (43) periods of forty-eight (48) hours of incarceration commencing on December 14, 2012; perform twenty four (24) hours of community service; pay restitution in the amount of Seven Hundred Two Dollars ($702.00); have no contact with the victim; and stay away from Harrah's Casino in the City of Chester during this Court's period of supervision.
With respect to transcript 5107-12, the Assistant District Attorney stated on the record
That's going to be a negotiated guilty plea to Count 1, Theft by Unlawful Taking, graded as a misdemeanor of the first degree. The recommended sentence is two (2) years probation, and that will run consecutive to transcript 259-12. [Appellant] will complete 24 hours of community service and he'll pay restitution in the amount of $200.00 to Rosemary Simpers . . . . He will stay away from Harrah's Casino and Race Track and he'll have no contact with Rosemary Simpers.
[T]his Court reviewed with Appellant Lewis, the Post-Sentence and Appeal Rights Form and asked him if his attorney went over with him said form in detail, paragraph by paragraph, all the rights, information and protections contained in the six-page Guilty Plea Statements, to which Appellant Lewis responded "Yes" . . . . Appellant Lewis was asked whether he understood all the rights, information and protections contained in the Guilty Plea Statements and that he was waiving his rights to trial and entering pleas of guilty and that his decision to waive his right to a trial was based upon his own free and knowing choice, to which Appellant Lewis responded "Yes". Lastly, Appellant Lewis's attorney was asked, based upon this Court's colloquy and based upon his advice of counsel, whether he believed his client was making a knowing and intelligent waiver of his trial rights and knowingly and voluntarily entering pleas of guilty, to which his counsel replied "Yes, Sir." Based upon the answers provided by Appellant Lewis [and his counsel] to the foregoing questions . . . the Guilty Plea Statements were made part of the record, the Affidavits of Probable Case were made the factual basis for the pleas, and the judgments of sentence were duly imposed.
On January 3, 2013, Appellant Lewis filed Notices of Appeal to the judgments of sentence imposed upon him in Transcript Numbers 259-2012 and 5107-[20]12. Consequently, this Court issued Orders pursuant to Pa.R.A.P. 1925(b), directing Appellant Lewis to file concise statements of [errors] complained of on appeal. Appellant Lewis's attorney timely filed concise statements of [errors] complained of on appeal, wherein he indicated in both cases that "In accordance with Pennsylvania Rule of Appellate Procedure 1925(c)(4), counsel informs the Court that he intends to file an Anders brief with the Superior Court." ...

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