Com. v. Nash, J. ( 2020 )

J-S56020-19
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
JAMEICE NASH :
:
Appellant : No. 716 EDA 2018
Appeal from the Judgment of Sentence September 12, 2017
In the Court of Common Pleas of Philadelphia County Criminal Division at
No(s): CP-51-CR-0011415-2013
BEFORE: PANELLA, P.J., OLSON, J., and NICHOLS, J.
JUDGMENT ORDER BY OLSON, J.: FILED APRIL 17, 2020
On March 2, 2020, this Court issued a Memorandum that denied
Appellant’s court-appointed counsel’s petition to withdraw as counsel and
directed him to file an advocate’s brief as we found that the issue of whether
Appellant’s sentence was illegal is non-frivolous. See Memorandum, 3/2/20,
at 13-14. Before Appellant’s counsel filed his advocate’s brief in this case,
Appellant filed a “Motion to Withdraw Direct Appeal Counsel and Motion to
Proceed Pro Se,” in which Appellant requested permission to proceed pro se
on appeal. Based upon our Supreme Court’s opinion in Commonwealth v.
Grazier, 713 A.2d 81 (Pa. 1998), we are constrained to conclude that
Appellant’s request to proceed pro se was timely. Commonwealth v.
Grazier, 713 A.2d 81, 82 (Pa. 1998) (holding that, where “appellant filed
petitions to dismiss counsel and proceed pro se before an appellate brief was
filed by counsel,” the request to proceed pro se was timely).
J-S56020-19
Therefore, upon consideration of Appellant’s motion, we remand this
case to the trial court, to enable the trial court to conduct a Grazier hearing
and determine whether Appellant knowingly, voluntarily, and intelligently
waives his right to a counseled direct appeal. Grazier, 713 A.2d at 82. This
hearing shall be conducted as promptly as possible.
Case remanded. Panel jurisdiction retained.
Judge Nichols did not participate in the consideration or decision of this
case.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 4/17/20
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