J-S18036-19 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : JOAQUIN CASTRO : : Appellant : No. 1471 MDA 2018 Appeal from the Judgment of Sentence Entered July 16, 2018 In the Court of Common Pleas of Lackawanna County Criminal Division at No(s): CP-35-CR-0000245-2017 BEFORE: BOWES, J., NICHOLS, J., and STEVENS*, P.J.E. MEMORANDUM BY STEVENS, P.J.E.: FILED MAY 28, 2019 Appellant, Joaquin Castro, appeals from the judgment of sentence entered in the Court of Common Pleas of Lackawanna County on July 16, 2018, following his guilty plea to one count of Statutory Sexual Assault, 18 Pa.C.S.A. § 3122.1(a)(2). Additionally, Appellant’s counsel has filed a petition seeking to withdraw her representation, as well as a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), and Commonwealth v. Santiago, 602 Pa. 159, 978 A.2d 349 (2009) (hereinafter “Anders Brief”).1 ____________________________________________ 1 Anders set forth the requirements for counsel to withdraw from representation on direct appeal, and our Supreme Court applied Anders in Santiago. ____________________________________ * Former Justice specially assigned to the Superior Court. J-S18036-19 After a careful review, we grant counsel’s petition to withdraw and affirm Appellant’s judgment of sentence. The trial court aptly set forth the relevant factual and procedural history herein as follows: Under docket number 17 CR 245, the Appellant was charged with one (1) count of Involuntary Deviate Sexual Intercourse With a Person Less Than Sixteen Years of Age in violation of 18 Pa. C.S.A. § 3123(a)(7), one (1) count of Statutory Sexual Assault in violation of 18 Pa. C.S.A. § 3122.1(a)(2), one (1) count of Sexual Assault in violation of 18 Pa. C.S.A. § 3124.1, and one (1) count of Incest of a Minor- Complainant 13-18 Years in violation of 18 Pa. § 4202(b)(2). These charges stemmed from a December 2, 2016 interview between the victim and the Children's Advocacy Center. Gowarty, Affidavit of Probable Cause, December 27, 2016, at p. 1. The Appellant forced the victim, who is his fifteen year old sister, to engage in vaginal and anal sex in her bedroom on various occasions. Id. The Appellant eventually admitted to these actions in a written statement. Id. On November 29, 2017, the Appellant entered a negotiated guilty plea under 17 CR 245 t one (1) count of Statutory Sexual Assault in violation of 18 Pa. C.S. § 3122.1(a)(2). Prior to entering the guilty plea, utilizing a certified Spanish interpreter, the Appellant executed a lengthy written, Spanish plea colloquy form in which he indicated awareness of the maximum penalty, the elements of the crime charged, his satisfaction with counsel, the terms of the plea agreement, and knowledge of the potential for deportation. See Written Plea Colloquy, para. 5, 8, 13, 15, 16, and 20. The Appellant's plea terms further acknowledged that the remaining charges would be nolle pressed. Id. at para 13. Specifically, in Paragraph 20 of the written guilty plea colloquy, the Appellant indicated awareness ...
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