J-S75043-18 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : RAUL DELAROSA A/K/A JAVIER : CEPEDA, : : Appellant : No. 707 EDA 2018 Appeal from the Judgment of Sentence February 20, 2018 in the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0003855-2017 BEFORE: PANELLA, J., NICHOLS, J., and MUSMANNO, J. MEMORANDUM BY MUSMANNO, J.: FILED JANUARY 31, 2019 Raul Delarosa a/k/a Javier Cepeda (“Delarosa”) appeals from the judgment of sentence imposed after he pled guilty to third-degree murder, conspiracy to commit murder, and criminal solicitation.1 Additionally, counsel for Delarosa, Coley O. Reynolds, Esquire (“Attorney Reynolds”), has filed an Application to Withdraw (“Application”) from his representation of Delarosa, as well as a brief pursuant to Anders v. California, 386 U.S. 738 (1967), and Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009). We grant Attorney Reynolds’s Application and affirm Delarosa’s judgment of sentence. Briefly, Delarosa’s convictions arise out of his involvement in stabbing a man to death outside of his home in Philadelphia in June 2010. Delarosa fled ____________________________________________ 1 See 18 Pa.C.S.A. §§ 2502(c), 903, 902. J-S75043-18 the country shortly after the murder. After Delarosa was extradited back to Philadelphia, the Commonwealth charged him with the above-mentioned crimes, as well as possession of an instrument of crime.2 Delarosa and the Commonwealth subsequently entered into a negotiated plea agreement. The Commonwealth agreed to recommend that Delarosa receive a total aggregate sentence of 15 to 30 years in prison, if he pled guilty. Prior to accepting Delarosa’s plea, the trial court conducted two separate guilty plea hearings. Additionally, Delarosa completed thorough oral and written plea colloquies, stating, inter alia, that he was knowingly, intelligently, and voluntarily entering the guilty plea. The trial court accepted Delarosa’s plea to the above-mentioned crimes on January 22, 2018. On February 13, 2018, Delarosa, through Attorney Reynolds, filed a Motion to withdraw his guilty plea. Delarosa asserted therein that he was innocent and that he was not given sufficient time to decide whether to plead guilty. The trial court denied Delarosa’s Motion. On February 20, 2018, the trial court sentenced Delarosa, commensurate with the Commonwealth’s recommendation, to an aggregate term of 15 to 30 years in prison. Delarosa timely filed a Notice of Appeal, in response to which the trial court ordered him to file a Pa.R.A.P. 1925(b) concise statement of errors complained of on appeal. Attorney Reynolds filed a Statement announcing his ____________________________________________ 2 See 18 Pa.C.S.A. § 907. -2- J-S75043-18 intent to file an Anders brief in lieu of a concise statement. Thereafter, Attorney Reynolds filed the Application and an Anders Brief.3 The trial court then issued a Pa.R.A.P. 1925(a) Opinion. “When faced with a purported Anders brief, this Court may not review the merits of any possible underlying issues without first examining counsel’s request to withdraw.” Commonwealth v. Goodwin, 928 A.2d 287, 290 (Pa. Super. 2007) (en banc). Prior to withdrawing as counsel on a ...
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