Commonwealth v. Thompson

Summary

The Pennsylvania Superior Court reviewed Elijah Thompson’s appeal from an aggregate sentence imposed after an open guilty plea to aggravated assault, stalking, endangering the welfare of children, and recklessly endangering another person. The court denied appointed counsel’s Anders/Santiago withdrawal petition, vacated the trial court’s later amended judgment of sentence as a legal nullity, and reinstated and affirmed the original July 24, 2023 judgment of sentence.

Holdings

1. Current counsel satisfied the technical requirements for withdrawal by filing a petition stating that the appeal was frivolous after a conscientious examination, providing Thompson with the brief and advising him of his appellate rights, and filing a brief complying with Santiago.
2. Thompson waived his claim that the trial court failed to consider mitigating factors because he did not raise that claim in his post-sentence motion or otherwise present it to the sentencing court.
3. The trial court lacked jurisdiction to amend the July 24, 2023 judgment of sentence after Thompson filed his notice of appeal, and the September 5, 2023 amended judgment of sentence was a legal nullity.
4. The court found no additional nonfrivolous issues after independently reviewing the record.

Questions Presented

1. Whether appellate counsel satisfied the procedural requirements for withdrawal under Anders and Santiago.
2. Whether Thompson preserved a challenge to the discretionary aspects of his sentence based on the trial court's alleged failure to consider mitigating factors.
3. Whether the trial court had jurisdiction to amend Thompson's July 24, 2023 judgment of sentence on September 5, 2023, after an appeal had been filed and without notice or Thompson's presence.
4. Whether the appeal presented any additional nonfrivolous issues upon the court's independent review.

Disposition

vacated