J-S11041-18

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA

v.

GEORGE HASTINGS,

Appellant

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IN THE SUPERIOR COURT OF

PENNSYLVANIA

No. 753 EDA 2017

Appeal from the Judgment of Sentence January 26, 2017

in the Court of Common Pleas of Delaware County,

Criminal Division at No(s): CP-23-CR-0004315-2015

COMMONWEALTH OF PENNSYLVANIA

v.

GEORGE R. HASTINGS,

Appellant

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IN THE SUPERIOR COURT OF

PENNSYLVANIA

No. 754 EDA 2017

Appeal from the Judgment of Sentence January 26, 2017

in the Court of Common Pleas of Delaware County,

Criminal Division at No(s): CP-23-CR-0008069-2007

BEFORE: OTT, J., STABILE, J., and MUSMANNO, J.

MEMORANDUM BY MUSMANNO, J.: FILED MAY 17, 2018

George Hastings (“Hastings”) appeals from the judgments of sentence 

imposed following the revocation of his parole and probation at CP-23-CR004315-2015 (“4315-2015”) and CP-23-CR-0008069-2007 (“8069-2007”). 

Additionally, Hastings’s counsel, Patrick J. Connors, Esquire (“Attorney 

Connors”), has filed a Petition to Withdraw as Counsel and an accompanying 

brief pursuant to Anders v. California, 386 U.S. 738, 744 (1967). We grant 
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Attorney Connors’s Petition to Withdraw and affirm Hastings’s judgments of 

sentence.

The trial court set forth the relevant factual and procedural history as 

follows:

[At 8069-2007, Hastings] was initially arrested by Officer Woolery 

of the Ridley Park Police Department on August 31, 2006[,] for 

Driving Under the Influence (hereinafter “DUI”) and various other 

charges. While being processed at the police station, [Hastings]

originally misrepresented himself to be “William” Hastings. He 

provided the police with a social security number that was not his. 

After further questioning by police [Hastings] admitted [] that he 

was “George” Hastings and not “William.” [Hastings] was 

released, and a [C]riminal [C]omplaint was filed on September 5, 

2006[,] charging him with DUI, 75 Pa.C.S.A. § 3802(a)(1); 

Careless Driving, 75 Pa.C.S.A. § 3714; Lighting Requirement, 75 

Pa.C.S.[A.] § 4303(b); Fraudulent Use of Registration Plate, 75 

Pa.C.S.A. § 7124; and False Identification to Law Enforcement, 18 

Pa.C.S.A. § 4914(a). After several failed [attempts] to serve 

[Hastings] with the [C]omplaint via U.S. mail, an arrest warrant 

was issued. Ultimately a fugitive warrant was issued on January 

23, 2007. [Hastings’s] charges eventually caught up with him and 

he was tried by a jury and found guilty of DUI, False Identification 

to Law Enforcement Authorities (hereinafter “false ID”), Careless 

Driving, and Driving While Operating Privilege is Suspended or 

Revoked. He was sentenced on July 2, 2008[,] to 21 to 41 months 

[in prison] and 96 hours of community service on the DUI 

conviction, 18 months of consecutive probation on the false ID

conviction, and 90 days of concurrent incarceration on the driving 

while operating privilege is suspended or revoked conviction.

The record reveals that [Hastings] had his first Gagnon II[1]

hearing [i]n this case on April 15, 2014[,] where he was found to 

be in violation of his probation. His probation was revoked and he

was sentenced to 4 to 18 months of incarceration and a year of 

consecutive probation. On November 10, 2015[,] [Hastings] had 

another Gagnon II hearing where he was found to be in violation 

of his parole. His parole was revoked and he was sentenced to 

____________________________________________

1 Gagnon v. Scarpelli, 411 U.S. 778 (1973).
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his full back time of 561 days with immediate parole after he 

served 6 months, a year of consecutive probation, ordered to stay 

away from 805 Eddystone Avenue, and was ordered to enroll in 

outpatient treatment and to complete ASDS and community 

service.

On March 8, 2016[,] [Hastings] was released from prison. After 

he failed to provide the Delaware County Office of Adult Probation 

and Parole Services with accurate employment and residence 

information, a bench warrant was issued and signed by the 

Honorable Mary Alice Brennan on April 6, 2016. He was then 

arrested for public drunkenness on August 2, 2016[,] which 

resulted in a V.O.P. bench warrant being issued for [Hastings], 

which was signed by the Honorable George A. Pagano on August 

10, 2016. [Hastings] was arrested on September 1, 2016. A 

Gagnon II hearing report was submitted to this court on October 

25, 2016. On January 26, 2017, [Hastings] appeared before th[e 

trial] court for a Gagnon II hearing arising out of his August 2, 

2016 public drunkenness arrest; his failure to pay court imposed 

fines, costs and restitution; and his failure to complete special 

conditions, including ASDS and community service. Following the 

recommendation of Agent Harry Bradley of Adult Probation and 

Parole, th[e trial] court sentenced [Hastings] to his full back time 

of 292 days of incarceration on his DUI conviction, and 6 to 12 

months of concurrent incarceration on his false ID conviction. 

[Hastings] was given immediate parole. At that time he was also 

sentenced on a second case, [4315-2015], a case originally before 

the Honorable Mary Alice Brennan[,] where [Hastings] pled guilty 

to criminal trespass and recklessly endangering another person. 

The imposition of the Gagnon II sentence on case [4315-2015] 

was based on the same violations set forth above. [Hastings] was 

sentenced to his full back time of 333 days of incarceration with

immediate parole on the criminal trespass conviction, and 1 to 2 

years of concurrent incarceration on the recklessly endangering 

another person conviction. These sentences were ordered to run 

concurrently with each other. On February 22, 2017[,] the court 

amended its sentence on docket [8069-2007] to [reflect that 

Hastings owed] 204 days [of back time] instead of 292.

On February 24, 2017, [Hastings], through counsel, filed a Notice 

of Appeal.[fn] Th[e trial] court directed [Hastings] to file a 

statement of matters complained of on appeal, and in response,

[Attorney Connors], counsel for [Hastings,] filed a statement of 
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intent to file an Anders brief with the Superior Court pursuant to 

Pa.R.A.P. 1925(c)(4).

[fn] [Hastings] has appealed from his sentence on both cases, 

docketed at [8069-2007] and [4315-2015]....

Trial Court Opinion, 5/23/17, at 1-3 (some footnotes omitted, footnote 

added).

2

As a preliminary matter, we must determine whether Attorney Connors

has complied with the dictates of Anders and its progeny in petitioning to 

withdraw from representation. See Commonwealth v. Mitchell, 986 A.2d 

1241, 1244 n.2 (Pa. Super. 2009) (stating that “[w]hen presented with an 

Anders brief, this Court may not review the merits of the underlying issues 

without first passing on the request to withdraw.”). Pursuant to Anders, when 

an attorney believes that an appeal is frivolous and wishes to withdraw as 

counsel, he or she must

(1) petition the court for leave to withdraw[,] stating that after 

making a conscientious examination of the record[,] counsel has 

determined the appeal would be frivolous; (2) file a brief referring 

to any issues that might arguably support the appeal, but which 

does not resemble a no-merit letter; and (3) furnish a copy of the 

brief to the defendant and advise him of his right to retain new 

counsel, proceed pro se, or raise any additional points he deems 

worthy of this Court’s attention.

Commonwealth v. Burwell, 42 A.3d 1077, 1083 (Pa. Super. 2012) (citation 

omitted).

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2 On April 25, 2017, this Court entered an Order granting Hastings’s 

Application for Consolidation.
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Additionally, the Pennsylvania Supreme Court has stated that a proper 

Anders brief must

(1) provide a summary of the procedural history and facts, with 

citations to the record; (2) refer to anything in the record that 

counsel believes arguably supports the appeal; (3) set forth 

counsel’s conclusion that the appeal is frivolous; and (4) state 

counsel’s reasons for concluding that the appeal is frivolous. 

Counsel should articulate the relevant facts of record, controlling 

case law, and/or statutes on point that have led to the conclusion 

that the appeal is frivolous.

Commonwealth v. Santiago, 978 A.2d 349, 361 (Pa. 2009).

In the instant case, our review of the Anders Brief and the Petition to 

Withdraw reveals that Attorney Connors has complied with each of the 

requirements of Anders/Santiago. The record further reflects that counsel 

has (1) provided Hastings with a copy of both the Anders Brief and Petition 

to Withdraw, (2) sent a letter to Hastings advising him of his right to retain 

new counsel, proceed pro se, or raise any additional points that he deems 

worthy of this Court’s attention, and (3) attached a copy of this letter to the 

Petition to Withdraw, as required under Commonwealth v. Millisock, 873 

A.2d 748, 751-52 (Pa. Super. 2005). Accordingly, we must next examine the 

record and make an independent determination of whether Hastings’s appeal 

is, in fact, wholly frivolous.

Attorney Connors has filed a brief pursuant to Anders that raises the 

following question for our review: “Whether the aggregate term of 1 to 2 

years imprisonment imposed herein is harsh and excessive under the 

circumstances?” Anders Brief at 1. Hastings filed a pro se Response, arguing 
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that his sentence was excessive, seeking the appointment of new counsel due 

to ineffectiveness, and seeking the recusal of the trial court judge. Pro Se

Response at 1-3 (unnumbered).

Hastings initially challenges the discretionary aspects of his sentence. 

Anders Brief at 6-8; Pro Se Response at 2 (unnumbered). “Challenges to the 

discretionary aspects of sentencing do not entitle an appellant to review as of 

right.” Commonwealth v. Moury, 992 A.2d 162, 170 (Pa. Super. 2010).

Hastings has waived this claim due to his failure to preserve it either at 

the Gagnon II hearing or in a post-sentence motion. See Commonwealth 

v. Gibbs, 981 A.2d 274, 282-83 (Pa. Super. 2009) (stating that “[i]ssues 

challenging the discretionary aspects of a sentence must be raised in a postsentence motion or by presenting the claim to the trial court during the 

sentencing proceedings. Absent such efforts, an objection to a discretionary 

aspect of a sentence is waived.”). 

Nevertheless, even if Hastings had not waived his sentencing claim on 

this basis, we are precluded from addressing it because it does not present a 

substantial question for our review. Where the appellant has preserved a

sentencing challenge for appellate review, he must (1) include in his brief a 

concise statement of the reasons relied upon for allowance of appeal with 

respect to the discretionary aspects of a sentence, pursuant to Pa.R.A.P. 

2119(f); and (2) show that there is a substantial question that the sentence 

imposed is not appropriate under the Sentencing Code. Commonwealth v. 
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Hill, 66 A.3d 359, 363-64 (Pa. Super. 2013). Here, though the Anders Brief 

includes a Rule 2119(f) statement, Attorney Connors correctly concedes that 

“[a] bald assertion that a sentence is harsh and excessive does not generally 

raise a substantial question[.]” Anders Brief at 6-7 (quotation marks 

omitted) (citing Commonwealth v. Giordano, 121 A.3d 998, 1008 (Pa. 

Super. 2015) (stating that “a bald assertion that a sentence is excessive does 

not by itself raise a substantial question justifying this Court’s review of the 

merits of the underlying claim.”)); see also Commonwealth v. Caldwell, 

117 A.3d 763, 768 (Pa. Super. 2015) (en banc) (stating that “[a]n appellant 

making an excessiveness claim raises a substantial question when he 

sufficiently articulates the manner in which the sentence violates either a 

specific provision of the sentencing scheme set forth in the Sentencing Code 

or a particular fundamental norm underlying the sentencing process.”).

Hastings baldly asserts that his sentence “is harsh and excessive under 

the circumstances[,]” but presents no other support for his claim. Anders

Brief at 6; see also Pro Se Response at 2. Thus, because we conclude that 

Hastings has not presented a substantial question that his sentence is 

inappropriate under the Sentencing Code, we are precluded from addressing 

his sentencing claim. See, e.g., Giordano, 121 A.3d at 1008 (holding that 

the Court was precluded from addressing appellant’s bald excessiveness 

challenge to his sentence where such claim did not present a substantial 

question). 
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Moreover, our independent review discloses no other sentencing claims 

that Hastings could raise on appeal. See, e.g., Commonwealth v. Bishop, 

831 A.2d 656, 661 (Pa. Super. 2003) (stating that “[appellant] has not

presented a substantial question for our review. In accordance with Anders, 

our independent examination of the record convinces us that there are no 

other sentencing claims, not advanced by counsel, that would raise a 

substantial question to permit review of [appellant’s] sentence.”).

3

Further, from what we can discern from Hastings’s rambling and unclear

Pro Se Response, Hastings claims that he should be appointed new counsel 

due to ineffectiveness and that the trial court judge was biased. Pro Se 

Response 1-3. However, Hastings fails to cite to any case law and advances 

virtually no legal argument. See Pa.R.A.P. 2119(a). 

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3 At the revocation hearing, the trial court considered Hastings’s August 2, 

2016 public drunkenness arrest; the fact that this was the second violation at 

8069-2007 and first violation at 4315-2015; Hastings’s failure to stay sober; 

and the fact that Hastings was taking medication for his equilibrium. N.T., 

1/26/17, at 3-4, 9, 21, 22-23, 24-25, 30-31. After reviewing all of the 

relevant information, the trial court imposed an aggregate sentence of one to 

two years in prison on both cases. Id. at 32-33; see also id. at 32 (wherein 

the trial court granted Hastings immediate parole from the back time at both 

dockets). The trial court was well within its discretion in imposing such a 

sentence. See Commonwealth v. Colon, 102 A.3d 1033, 1043 (Pa. Super. 

2014) (noting that the imposition of a revocation sentence is “vested within 

the sound discretion of the trial court, which, absent an abuse of discretion, 

will not be disturbed on appeal.”) (citation omitted); see also id. at 1044 

(stating that “[a] trial court need not undertake a lengthy discourse for its 

reasons for imposing a sentence or specifically reference the statute in 

question, but the record as a whole must reflect the [] court’s consideration 

of the facts of the crime and character of the offender.”) (citation omitted).
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In any event, with regard to the ineffectiveness claim, it is well-settled 

that ineffectiveness claims are not generally raised on direct appeal, and are 

to be raised on collateral review. See Commonwealth v. Grant, 813 A.2d 

726, 738 (Pa. 2002). Further, when counsel withdraws pursuant to the 

procedural requirements of Anders, the appellant is not entitled to new courtappointed counsel. See Millisock, 873 A.2d at 752. Instead, as noted in 

Attorney Connors’s letter to Hastings regarding his rights under Anders, 

Hastings is entitled to hire new counsel or proceed pro se. 

Moreover, with regard to the trial court judge’s alleged bias, we note 

that Hastings failed to file a motion to recuse. See Commonwealth v. 

Whitmore, 912 A.2d 827, 833 (Pa. 2006) (noting that a party seeking recusal 

is required to file a motion before the trial court and the court must state its 

reasons for granting or denying the motion); see also Commonwealth v. 

Kearney, 92 A.3d 51, 60 (Pa. Super. 2014) (stating that the “party who 

asserts a trial judge must be disqualified bears the burden of producing 

evidence establishing bias, prejudice, or unfairness necessitating recusal[.]”). 

Thus, we cannot address Hastings’s claim. 

Hastings’s claims do not entitle him to relief on direct appeal. 

Additionally, our review discloses no non-frivolous issues that Hastings could 

present on appeal. Accordingly, we grant Attorney Connors permission to 

withdraw pursuant to Anders, and affirm the judgments of sentence.

Petition to Withdraw granted; judgments of sentence affirmed.
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Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 5/17/18