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[U] Commonwealth v. Davis

Superior Court of Pennsylvania

February 28, 2014

COMMONWEALTH OF PENNSYLVANIA Appellee
v.
JADI FREDERICK DAVIS Appellant

NON-PRECEDENTIAL DECISION

Appeal from the PCRA Order June 12, 2013 In the Court of Common Pleas of Adams County Criminal Division at No(s): CP-01-CR-0000454-2011

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

MEMORANDUM

MUNDY, J.

Appellant, Jadi Frederick Davis, appeals from the June 12, 2013 order denying his petition filed pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S.A. §§ 9541-9546. Additionally, Appellant's counsel, Thomas R. Nell, Esquire (PCRA counsel), has filed, with this Court, a motion to withdraw as PCRA counsel together with a Turner/Finley letter, averring Appellant's issues are without merit.[1] After careful review, we affirm the denial of PCRA relief based on the thorough and well-supported opinion of the Honorable Thomas R. Campbell, and grant PCRA counsel's motion to withdraw.

The PCRA court has accurately summarized the factual and procedural history of this case, which we need not restate here. Following the PCRA court's June 12, 2013 order denying Appellant PCRA relief, Appellant filed a timely notice of appeal on July 9, 2013. On September 26, 2013, subsequent to filing the appeal, PCRA counsel filed a motion to withdraw as Appellant's PCRA counsel, together with a Turner/Finley letter, averring Appellant's issues are without merit. Appellant has not filed a response to PCRA counsel's motion.[2]

On behalf of Appellant, PCRA counsel identifies for our review the following issues raised in Appellant's PCRA petition.

[1.] [Appellant] did not receive the benefit of [his] plea bargain in that [trial counsel] told [Appellant] that [his] Adams County sentence would be totally concurrent with the sentence that [Appellant was] serving in York County.
[2.] [Appellant's] plea counsel was ineffective in promising [Appellant] that he would receive no additional time if [Appellant] pled guilty in exchange for a concurrent Adams County sentence.
[3.] [Appellant was] denied "due process of law[.]"

Turner/Finley Letter, at 1-2; see also Appellant's Pro Se PCRA Petition, 1/28/13, at 7-A - 7-C.

Prior to considering Appellant's arguments, we must review PCRA counsel's request to withdraw from representation. As explained by our Supreme Court, the requirements PCRA counsel must adhere to when requesting to withdraw include the following.

1) A "no-merit" letter by PC[R]A counsel detailing the nature and extent of his review;
2) The "no-merit" letter by PC[R]A counsel listing each issue the petitioner ...

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