Com. v. Williams, K. ( 2023 )

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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
KAYLA WILLIAMS :
:
Appellant : No. 782 WDA 2022
Appeal from the Judgment of Sentence Entered June 2, 2022
In the Court of Common Pleas of Allegheny County Criminal Division at
No(s): CP-02-SA-0000345-2022
BEFORE: BENDER, P.J.E., LAZARUS, J., and McLAUGHLIN, J.
JUDGMENT ORDER BY LAZARUS, J.: FILED: APRIL 17, 2023
Kayla Williams appeals pro se from the judgment of sentence, entered
in the Court of Common Pleas of Allegheny County, following her summary
conviction of one count of disorderly conduct.1 On appeal, Williams contests
the imposition of $100.00 in fines and costs associated with her conviction.
Upon review, we dismiss this appeal.
Briefly, Williams’ summary conviction stems from a series of noise
complaints that occurred on December 11, 2021, at 412 Lincoln Avenue,
Apartment 3. Shortly after 2:00 a.m., Officer Lawrence Gump, Carnegie Police
Department officer, responded to a noise complaint, but was unable to contact
Williams after knocking on her apartment door. Later, at approximately 3:14
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1 18 Pa.C.S.A. § 5503(a).
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a.m., Officer Gump received a second dispatch call for loud music coming from
the same apartment. Upon arrival, Officer Gump could hear loud music
coming from Williams’ apartment. Officer Gump knocked on Williams’ door
but received no response. Because Officer Gump was unable to make contact
with Williams during this second attempt, he issued Williams a citation for
disorderly conduct.2
On February 17, 2022, Williams was found guilty by a magistrate judge
of disorderly conduct. Williams filed a timely summary appeal to the trial
court, and, on June 1, 2022, she was convicted of the summary offense of
disorderly conduct, fined $100, and ordered to pay the costs of prosecution.
This timely pro se appeal follows. The trial court entered an order pursuant
to Pa.R.A.P. 1925(b) directing Williams to file and serve a Pa.R.A.P. 1925(b)
concise statement of errors complained of on appeal within twenty-one days.
Williams failed to file a Rule 1925(b) statement.
Preliminarily, we note that “pro se litigant[s] must comply with the
procedural rules set forth in the Pennsylvania Rules of the Court.”
Commonwealth v. Freeland, 106 A.3d 768, 776 (Pa. Super. 2014).
Instantly, we are constrained to dismiss Williams’ appeal due to her failure to
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2 When asked how he knew Ms. Williams was inside of the apartment, Officer
Gump testified that, during the hearing before the magistrate, Williams
testified that she was in her apartment but did not want to answer because
she is afraid of the police. Williams also testified at her trial de novo that she
was home and playing music when Officer Gump arrived at her apartment.
See N.T. Trial, 6/1/22, at 22.
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comply with Rule 1925(b). Williams’ failure to file a 1925(b) order warrants
finding all her issues waived. See Pa.R.A.P. 1925(b)(4)(vii) (“Issues not
included in the Statement and/or not raised in accordance with the provisions
of this paragraph are waived.”).3 Thus, the issues Williams raises on appeal
are waived.
Even if we had not deemed Williams’ issues waived on appeal, we would
dismiss her appeal for a woefully deficient pro se brief that materially fails to
conform to the requirements set forth in the Pennsylvania Rules of Appellate
Procedure. See Pa.R.A.P. 2111(a). Specifically, Williams’ brief entirely omits
or does not adequately include the following: a statement of jurisdiction,
reference to the order or determination in question, statements of the scope
and standard of review, statement of the questions involved, a statement of
the case, a summary of the argument, and argument. See Pa.R.A.P.
2111(a)(3), 2114, 2115(a), 2116(a), 2117(a), 2118, 2119(a)-(f). Her brief
contains no citations to the certified record or to legal authority, as are
required by 2119(c) and (b), respectively. Instead, Williams’ brief is a half-
page in length and written in numbered paragraphs. Williams’ disregard for
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3 While rule 1925(c)(3) allows an appellate court to remand the matter for the
appointment of new counsel and preparation of a concise statement in criminal
cases where counsel has provided per se ineffective assistance by failing to
comply with Rule 1925, “pro se appellants are excluded from this exception
to the waiver doctrine.” See Pa.R.A.P. 1925 Note: Subparagraph (c)(3) (“This
subparagraph allows an appellate court to remand in criminal cases only when
an appellant, who is represented by counsel, has completely failed to respond
to an order to file and serve a Statement or has failed to do so timely.”).
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the Rules of Appellate Procedure have left this Court unable to conduct
meaningful review. Accordingly, we dismiss this appeal. See Pa.R.A.P. 2101
(“[I]f the defects are in the brief [] are substantial, the appeal [] may be. . .
dismissed). See also Commonwealth v. Tchirkow, 160 A.3d 798, 804 (Pa.
Super. 2017) (“Although this Court is willing to construe liberally material filed
by a pro se litigant, pro se appellants enjoy no special benefit.”);
Commonwealth v. Hardy, 918 A.2d 766, 771 (Pa. Super. 2007) (an
appellate court “[w]ill not act as counsel and will not develop arguments on
behalf of an appellant[;]” when defects in brief impede ability to conduct
meaningful appellate review, we may dismiss the appeal entirely or find
certain issues to be waived).
Appeal dismissed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 4/17/2023
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