Com. v. Monighan, J. ( 2023 )

J-A09026-23
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
JOSHUA AARON MONIGHAN :
:
Appellant : No. 328 MDA 2022
Appeal from the Judgment of Sentence Entered January 20, 2022
In the Court of Common Pleas of Cumberland County Criminal Division at
No(s): CP-21-CR-0001479-2021
BEFORE: BOWES, J., OLSON, J., and KUNSELMAN, J.
JUDGMENT ORDER BY OLSON, J.: FILED: MARCH 31, 2023
Appellant, Joshua Aaron Monighan, appeals pro se1 from the judgment
of sentence entered on January 20, 2022. We dismiss this appeal.
On January 20, 2022, following a bench trial, Appellant was found guilty
of possessing a small amount of marijuana for personal use, driving an
unregistered vehicle, driving without a license, and driving without evidence
____________________________________________
1 Appellant is not indigent. See N.T. Waiver of Counsel Hearing, 8/19/21, at
3. Further, during an August 19, 2021 hearing before the trial court judge,
Appellant waived his right to be represented by counsel and the trial court
conducted a colloquy to ensure that Appellant’s waiver of his right to counsel
was knowing, voluntary, and intelligent. See id. at 3-6; see also
Pa.R.Crim.P. 121(A) and (C); Commonwealth v. Phillips, 141 A.3d 512,
521 (Pa. Super. 2016) (“once a defendant has made a competent waiver of
counsel, that waiver remains in effect through all subsequent proceedings in
that case absent a substantial change in circumstances”).
J-A09026-23
of an emission inspection.2 That day, the trial court sentenced Appellant to
serve 30 days of probation and to pay fines and the cost of prosecution. N.T.
Sentencing, 1/20/22, at 70-72. On February 18, 2022, Appellant filed a timely
notice of appeal.
Within Appellant’s brief to this Court, Appellant lists 24 separate legal
issues in his statement of questions involved. However, none of the issues
raise any cognizable claim for relief and the vast majority of the issues are
incomprehensible fragments of a sentence. See Appellant’s Brief at 11-12.
Further, Appellant does not raise any of the issues in the argument section of
his brief and Appellant’s argument to this Court is unintelligible and
unsupported by either facts or law. See id. at 18-19.
The failings in Appellant’s brief substantially impede our ability to
conduct meaningful appellate review of Appellant's claims, as we are unable
to discern the issues Appellant wishes this Court to review. As such, we
dismiss this appeal. See Pa.R.A.P. 2101 (“[b]riefs and reproduced records
shall conform in all material respects with the requirements of [our] rules as
nearly as the circumstances of the particular case will admit, otherwise they
may be suppressed, and, if the defects are in the brief or reproduced record
of the appellant and are substantial, the appeal or other matter may be
quashed or dismissed.”); see also Commonwealth v. Postie, 110 A.3d
____________________________________________2 35 P.S. § 780-113(a)(31)(i) and 75 Pa.C.S.A. §§ 1301(a), 1501(a), and
4706(c)(5), respectively.
-2-
J-A09026-23
1034, 1041 n.8 (Pa. Super. 2015) (“[a]lthough this Court is willing to construe
liberally materials filed by a pro se litigant, pro se status generally confers no
special benefit upon an appellant. Accordingly, a pro se litigant must comply
with the procedural rules set forth in the Pennsylvania Rules of the Court”).
Appeal dismissed. Jurisdiction relinquished. Oral argument scheduled
for April 12, 2023, cancelled. Request for Certified Legal Intern to Represent
the Commonwealth at oral argument denied as moot.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 3/31/2023
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