J-S47034-19 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : JOSE M. GERMAN SANTOS, : : Appellant : No. 473 MDA 2019 Appeal from the PCRA Order Entered March 12, 2019 in the Court of Common Pleas of Luzerne County Criminal Division at No(s): CP-40-CR-0000197-2017 BEFORE: DUBOW, J., NICHOLS, J., and MUSMANNO, J. MEMORANDUM BY MUSMANNO, J.: FILED: OCTOBER 15, 2019 Jose M. German Santos (“Santos”) appeals from the Order denying his Petition for Relief filed pursuant to the Post Conviction Relief Act (“PCRA”).1 Counsel for Santos has filed a Petition to Withdraw from representation, and a No-Merit/Turner Finley Brief.2 We grant counsel’s Petition to Withdraw, and affirm the Order of the PCRA court. ____________________________________________ 1 42 Pa.C.S.A. §§ 9541-9546. 2 See Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988), and Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (en banc). See also Commonwealth v. Widgins, 29 A.3d 816, 817 n.2 (Pa. Super. 2011) (recognizing that filing a no-merit brief may fulfill counsel’s obligation to file a no-merit letter, provided that the brief contains all the information that must be included in a no-merit letter). J-S47034-19 In its Opinion, the PCRA court summarized the relevant history underlying this appeal as follows: On October 16, 2017[, Santos] pled guilty to Count 1 – Possession with Intent to Deliver (PWID) Marijuana; Count 6 – Driving Under the Influence, Controlled Substance, and Count 7 – Driving Under the Influence [], Controlled Substance Impaired Ability.[3] On November 20, 2017, [Santos] was sentenced to undergo a period of incarceration of seventy-two hours to six months in the Luzerne County Correctional Facility, Alcohol Highway Safety School, a twelve[-]month license suspension, and a $1,000.00 fine. [Santos] was also sentenced to two years [of] probation for Count 1[,] to run consecutive to Count 6.[FN] [Santos] did not file any post-sentence motions or appeals. On October 12, 2018, [Santos] filed a PCRA Petition. On January 24, 2019[, Santos,] through appointed counsel, filed a supplemental PCRA Petition…. [T]he issue [Santos] pursued at the PCRA hearing[,] held on February 28, 2019[,] was trial counsel’s alleged ineffectiveness for failing to advise him of the deportation consequences of his guilty plea. [FN] Counts 6 and 7 merged for sentencing purposes. PCRA Court Opinion, 3/12/19, at 1-2 (one footnote added, one footnote in original). Following a hearing, the PCRA court denied Santos’s Petition. Thereafter, Santos flied the instant timely appeal, followed by a court-ordered Pa.R.A.P. 1925(b) Concise Statement of matters complained of on appeal. Prior to addressing the merits of the issue raised in counsel’s No-Merit Brief, we must determine whether counsel met the procedural requirements to withdraw. Counsel seeking to withdraw in PCRA proceedings ____________________________________________ 3 See 35 P.S. § 780-113(a)(30); 75 Pa.C.S.A. § 3802(d)(1), (2). -2- J-S47034-19 must review the case zealously. Turner/Finley counsel must then submit a “no-merit” letter to the PCRA court, or brief on appeal to this Court, detailing the nature and extent ...
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