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[U] Commonwealth v. Mason

Superior Court of Pennsylvania

March 6, 2014

COMMONWEALTH OF PENNSYLVANIA Appellee
v.
PERRY MASON, Appellant

NON-PRECEDENTIAL DECISION

Appeal from the Judgment of Sentence Entered July 30, 2010, In the Court of Common Pleas of Philadelphia County, Criminal Division, at No. CP-51-CR-0014041-2007.

BEFORE: SHOGAN, OTT and PLATT [*] , JJ.

MEMORANDUM

SHOGAN, J.

Appellant, Perry Mason, appeals pro se from the judgment of sentence entered on July 30, 2010, in the Philadelphia County Court of Common Pleas. We affirm.

The record reveals that on October 22, 2007, Appellant approached Jacqueline Jacobs, a person unknown to him, and stabbed her twice in the neck and once in the chest. N.T., 7/30/10, at 12. Police Officer Dennis Stevens was in the area and saw Appellant in the act of attacking Ms. Jacobs. Id. at 13. Officer Stevens chased Appellant and was able apprehend him. Police officers also recovered the knife Appellant used to stab Ms. Jacobs. Id.

On July 30, 2010, Appellant pled guilty to one count of attempted murder and one count of possessing an instrument of crime ("PIC"). On that same day, the trial court sentenced Appellant to a term of eight to twenty years of incarceration for attempted murder and imposed a concurrent sentence of two and one-half to five years of incarceration for PIC. Appellant filed a timely appeal, and the trial court directed Appellant to comply with Pa.R.A.P.1925(b) and file a concise statement of errors complained of on appeal.

On October 26, 2011, counsel for Appellant filed a statement of intent to file an Anders[1] brief pursuant to Pa.R.A.P.1925(c)(4) indicating that there were no non-frivolous issues Appellant could raise. In response, Appellant filed a motion to have counsel removed and sought to represent himself on appeal. On July 20, 2012, the trial court held a hearing pursuant to Commonwealth v. Grazier, 713 A.2d 81 (Pa. 1998), to determine if Appellant's waiver of counsel was knowing, voluntary, and intelligent. Following the Grazier hearing, the trial court permitted Appellant to represent himself. On February 11, 2013, the trial court filed an order directing Appellant to file his Pa.R.A.P.1925(b) statement. In response, Appellant filed a letter on February 27, 2013, indicating that he could not file a Pa.R.A.P.1925(b) statement because the record was incomplete and alleged the trial court lacked jurisdiction. On April 15, 2013, Appellant filed an application for relief with this Court requesting documents from the certified record that he had not received. In an order filed on May 24, 2013, this Court remanded the case to the trial court, directed the Superior Court Prothonotary to forward to Appellant the missing documents, and ordered Appellant to file his Pa.R.A.P. 1925(b) statement within twenty-one days. On June 11, 2013, Appellant filed a twelve-page Pa.R.A.P. 1925(b) statement. The trial court filed an opinion on July 8, 2013.

On appeal, Appellant purports to raise seventeen issues for this Court's consideration, which we set forth verbatim as follows:

(1) Whether both the trial court and the commonwealth erred by failing to provide competent proof of jurisdiction, authority, and legitimacy of the prosecution, and court judge to proceed in this case?
(2) Whether appellant's due process were violated by both the prosecution and court judge by failing to act upon their constitutionally mandated duty's.
(3) Whether the trial court judge or the tribunal has the power of authority to render any judgments, and/or orders in this particular case?
(4) Whether alleged trial court judge provided correct oath of office for the record.
(5) Whether alleged trail court judge provided legitimate proof of ...

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