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[U] Commonwealth v. Gause

Superior Court of Pennsylvania

February 24, 2014

COMMONWEALTH OF PENNSYLVANIA Appellee
v.
MARION GAUSE Appellant

NON-PRECEDENTIAL DECISION

Appeal from the Judgment of Sentence April 1, 2013 In the Court of Common Pleas of Luzerne County Criminal Division at No(s): CP-40-CR-0001478-2012 CP-40-CR-0001482-2012 CP-40-CR-0003635-2012

BEFORE: MUNDY, J., OLSON, J., and STABILE, J.

MEMORANDUM

MUNDY, J.

Appellant, Marion Gause, appeals from the April 1, 2013 aggregate judgment of sentence of 33 to 78 months' imprisonment, followed by one year probation, imposed after pleading guilty to two counts each of possession with intent to deliver and criminal conspiracy, and one count each of simple assault, resisting arrest, and possession of a controlled substance.[1] Contemporaneously with this appeal, counsel has requested leave to withdraw in accordance with Anders v. California, 386 U.S. 738 (1967), and its progeny. After careful review, we grant counsel's petition to withdraw and affirm the judgment of sentence.[2]

The trial court has summarized the relevant facts and procedural history, as follows.

On January 3, 2013[, Appellant], under Criminal Information No. 1478 of 2012 pled guilty to Possession with Intent to Deliver and Criminal Conspiracy and under Criminal No. 1482 of 2012 plead guilty to Possession with Intent to Deliver and Criminal Conspiracy.
On January 25, 2013[, Appellant], under Criminal Information No. 3635 of 2012, pled guilty to Simple Assault, Resisting Arrest and Possession of a Controlled Substance. [Appellant] was sentenced on April 1, 2013[, ] as follows:
Criminal Information No. 1482 of 2012, Count 1 Possession with Intent to Deliver twenty[-]four (24) months to fifty-four (54) months state confinement followed by twelve (12) months of Special Probation; Count 4 Criminal Conspiracy twenty[-]four (24) months to fifty-four (54) months concurrent to Count 1.
Criminal Information No. 1478 of 2012, Count 1 Possession with Intent to Deliver twenty[-]four (24) months to fifty-four (54) months state confinement followed by twelve (12) months of Special Probation; Count 3 Criminal Conspiracy twenty[-]four (24) months to fifty-four (54) months concurrent to the sentence on Count 1, No. 1482 of 2012.
Criminal Information No. 3635 of 2012, Count 1 Simple Assault nine (9) months to twenty[-]four (24) months consecutive to Count 1 No. [] 1482 of 2012; Count 2 Resisting Arrest nine (9) months to twenty[-]four (24) months concurrent to Count 1 No. 3635 of 2012; Count 4 Possession of Controlled Substance nine (9) months to twenty[-]four months concurrent to Count 1 No. 3635 of 2012;
On April 10, 2013[, Appellant] filed a [timely] Motion to Modify Sentence which was denied by Order dated April 16, 2013.

Trial Court Opinion, 6/16/13, at 1-2. On May 13, 2013, Appellant filed a ...


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