J-S13011-15

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT OF

PENNSYLVANIA

Appellee

v.

THOMAS JAMES BLACK,

Appellant No. 715 WDA 2014

Appeal from the PCRA Order Entered March 26, 2014

In the Court of Common Pleas of Erie County

Criminal Division at No(s): CP-25-CR-0001125-2012

BEFORE: BENDER, P.J.E., MUNDY, J., and STABILE, J.

MEMORANDUM BY BENDER, P.J.E.: FILED MARCH 09, 2015

Appellant, Thomas James Black, appeals pro se from the postconviction court’s March 26, 2014 order denying his timely petition for relief 

under the Post Conviction Relief Act (PCRA), 42 Pa.C.S. §§ 9541-9546. 

After careful review, we are compelled to vacate that order and remand for 

further proceedings.

On September 18, 2012, Appellant was convicted by a jury of 

attempted murder, aggravated assault, and other related charges. On 

November 26, 2012, he was sentenced to an aggregate term of 25 to 50 

years’ incarceration. Appellant filed a timely motion for reconsideration of 

his sentence, which was denied. He did not file a direct appeal with this 

Court.
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On January 1, 2014, Appellant filed a counseled PCRA petition. 

Appellant was represented by privately retained counsel, Adam J. Williams, 

Esq. In the petition, Appellant requested a new trial, alleging that he 

discovered two witnesses who would each proffer ostensibly exculpatory 

testimony on Appellant’s behalf. The PCRA court directed the 

Commonwealth to file a response to Appellant’s petition, and the 

Commonwealth complied. On February 21, 2014, Appellant filed a pro se 

document entitled, “Response and Counterstatement to Conflict of Interest 

Commonwealth’s Response to Defendant’s Petition for Post Conviction 

Collateral Relief.” On March 26, 2014, the PCRA court issued a Pa.R.Crim.P. 

907 notice of its intent to dismiss Appellant’s petition, and an opinion 

explaining its reasons for that dismissal. Appellant did not file a response to 

the court’s Rule 907 notice and, on April 23, 2014, the PCRA court issued an 

order dismissing his petition.

On April 24, 2014, Appellant filed a pro se notice of appeal. The Office 

of Clerk of Courts of Erie County forwarded a copy of Appellant’s pro se 

notice of appeal to Attorney Williams, who was still Appellant’s counsel of 

record. See Docket Entry 27, 4/25/14 (“Case Correspondence – Rule 576 

letter to Atty Williams in re: Notice of Appeal”). Apparently, Attorney 

Williams sent a letter to the Clerk of Courts stating that he no longer 
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represented Appellant.1 See Docket Entry 28, 4/30/14 (“Case 

Correspondence from Attorney Adam Williams informing us that he is no 

longer representing the defendant”). Accordingly, the Clerk of Courts 

accepted Appellant’s pro se notice of appeal and forwarded a copy thereof to 

this Court. See id. 

Appellant is now before this Court pro se. However, there is no 

indication in the certified record that Attorney Williams sought (or was 

granted) leave of court to withdraw his representation of Appellant. See 

Pa.R.Crim.P. 120(A)(4) (“An attorney who has been retained or appointed by 

the court shall continue such representation through direct appeal or until 

granted leave to withdraw by the court pursuant to paragraph (B).”); 

Pa.R.Crim.P. 120(B)(1) (“Counsel for a defendant may not withdraw his or 

her appearance except by leave of court.”). The Comment to Rule 120 

states that “counsel must file a motion to withdraw in all cases, and 

counsel’s obligation to represent the defendant, whether retained or 

appointed counsel, remains until leave to withdraw is granted by the court.” 

Comment to Rule 120 (emphasis added) (citing Commonwealth v. 

Librizzi, 810 A.2d 692, 693 (Pa. Super. 2002)). 

We also emphasize that it is unclear from the record whether Appellant 

is currently indigent and, therefore, entitled to court-appointed counsel to 

____________________________________________

1 That letter is not included in the certified record.
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represent him in the current appeal. See Pa.R.Crim.P. 904(C) (“[W]hen an 

unrepresented defendant satisfies the judge that the defendant is unable to 

afford or otherwise procure counsel, the judge shall appoint counsel to 

represent the defendant on the defendant’s first petition for post-conviction 

collateral relief.”); Commonwealth v. Stout, 978 A.2d 984, 988 (Pa. 

Super. 2009) (“Generally speaking, an indigent petitioner is entitled to the 

appointment of counsel on his first post-conviction attack of his 

conviction.”); Commonwealth v. Jackson, 965 A.2d 280, 283 (Pa. Super. 

2009) (stating that the indigent petitioner’s right to PCRA counsel extends 

through the appeal process).

We acknowledge that in Appellant’s pro se brief, he does not argue 

that he is entitled to court-appointed counsel, or raise any issue regarding 

Attorney Williams’ failure to represent him on appeal. Nevertheless, we 

decline to overlook Attorney Williams’ failure to properly withdraw his 

representation of Appellant as the Pennsylvania Rules of Criminal Procedure 

require. More importantly, we are compelled to raise the issue of Appellant’s 

representation sua sponte to ensure that he is afforded the right to courtappointed PCRA counsel, if he is so entitled. See Commonwealth v. 

Albrecht, 720 A.2d 693, 699 (Pa. 1998) (citation omitted) (stating that 

“[t]he denial of PCRA relief cannot stand unless the petitioner was afforded 

the assistance of counsel”); Commonwealth v. Stossel, 17 A.3d 1286, 

1290 (Pa. Super. 2011) (holding “that where an indigent, first-time PCRA 

petitioner was denied his right to counsel - or failed to properly waive that 
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right – this Court is required to raise this error sua sponte and remand for 

the PCRA court to correct that mistake). Accordingly, we vacate the PCRA 

court’s order and remand for further examination of these issues by the 

PCRA court.

Order vacated. Case remanded. Jurisdiction relinquished.

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 3/9/2015