J-S72004-16

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*Retired Senior Judge assigned to the Superior Court.

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF

PENNSYLVANIA

Appellee

v.

JODY GORDON

Appellant No. 1959 MDA 2015

Appeal from the PCRA Order October 23, 2015

In the Court of Common Pleas of York County

Criminal Division at No(s): CP-67-CR-0007467-2013

BEFORE: GANTMAN, P.J., DUBOW, J., and STRASSBURGER, J.*

JUDGMENT ORDER BY GANTMAN, P.J.: FILED DECEMBER 08, 2016

Appellant, Jody Gordon, appeals from the order entered in the York 

County Court of Common Pleas, which denied his petition filed pursuant to 

the Post Conviction Relief Act (“PCRA”), 42 Pa.C.S.A. §§ 9541-9546. On July

9, 2014, Appellant pled guilty to possession with intent to deliver a 

controlled substance. The court sentenced Appellant on July 29, 2014, to 

two-and-one-half (21⁄2) to five (5) years’ incarceration. On February 5, 

2015, Appellant filed a timely pro se PCRA petition, and he filed an amended 

petition on July 31, 2015. The PCRA court subsequently appointed counsel. 

Following a hearing, the court denied Appellant’s PCRA petition on October 

23, 2015. Appellant filed a timely notice of appeal on November 9, 2015, 

and complied with the court’s order to file a concise statement of errors 
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complained of on appeal per Pa.R.A.P. 1925(b). 

Preliminarily, appellate counsel has filed a Turner/Finley1 brief and a 

petition to withdraw as counsel. Before counsel can be permitted to 

withdraw from representing a petitioner under the PCRA, Pennsylvania law 

requires counsel to file a “no-merit” brief or letter pursuant to Turner and 

Finley. Commonwealth v. Karanicolas, 836 A.2d 940 (Pa.Super. 2003). 

[C]ounsel must...submit a “no-merit” letter to the [PCRA] 

court, or brief on appeal to this Court, detailing the nature 

and extent of counsel’s diligent review of the case, listing 

the issues which the petitioner wants to have 

reviewed, explaining why and how those issues lack 

merit, and requesting permission to withdraw.

Counsel must also send to the petitioner: (1) a copy of the 

“no-merit” letter/brief; (2) a copy of counsel's petition to 

withdraw; and (3) a statement advising petitioner of the 

right to proceed pro se or by new counsel.

If counsel fails to satisfy the foregoing technical 

prerequisites of Turner/Finley, the court will not reach 

the merits of the underlying claims but, rather, will merely 

deny counsel's request to withdraw. Upon doing so, the 

court will then take appropriate steps, such as directing 

counsel to file a proper Turner/Finley request or an 

advocate’s brief.

Commonwealth v. Wrecks, 931 A.2d 717, 721 (Pa.Super. 2007) (internal 

citations omitted) (emphasis added). Instantly, appellate counsel’s 

Turner/Finley brief addresses only one issue on appeal (trial counsel’s 

alleged ineffective assistance for promising Appellant a concurrent sentence 

____________________________________________

1 Commonwealth v. Turner, 518 Pa. 491, 544 A.2d 927 (1988) and 

Commonwealth v. Finley, 550 A.2d 213 (Pa.Super. 1988) (en banc). 
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if he pled guilty) and explains why that issue lacks merit. Counsel notified 

Appellant of counsel’s request to withdraw and properly advised Appellant 

regarding his rights. In Appellant’s pro se response, he asserts counsel 

failed to address other issues raised in Appellant’s PCRA petition, which 

Appellant wanted to advance on appeal, i.e., trial counsel’s alleged 

ineffectiveness for failing to (1) move for dismissal of the charges based on 

“prejudicial pre-arrest delay”; (2) provide Appellant with pre-trial discovery 

material; (3) advise Appellant on the availability of an alibi defense; (4) 

challenge Appellant’s alleged mandatory minimum sentence; and (5) file a 

post-sentence motion and/or direct appeal on Appellant’s behalf. (See

Appellant’s pro se brief at 9). Appellate counsel did not list those issues in 

his Turner/Finley brief and explain why they lack merit. Therefore, 

counsel failed to comply with the technical requirements of Turner/Finley. 

Accordingly, we deny counsel’s petition to withdraw. See Wrecks, supra. 

Instead, we remand and direct counsel to file (1) an advocate’s brief, or (2) 

a compliant Turner/Finley brief, additionally addressing the other issues 

enumerated in Appellant’s current pro se response, with an accompanying 

petition to withdraw. Counsel must file the amended brief within thirty (30) 

days of the filing date of this decision. The Commonwealth shall then have 

thirty (30) days to file an answer brief or notify this Court that it does not 

intend to file one. If counsel files an amended Turner/Finley brief, 

Appellant shall have thirty (30) days from the date counsel files the brief to 
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file an amended pro se response, strictly limited to those issues previously 

raised and properly preserved. 

Case remanded with instructions. Panel jurisdiction is retained.