J-S36045-21

*Retired Senior Judge assigned to the Superior Court.

NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P 65.37

COMMONWEALTH OF PENNSYLVANIA,

Appellee

v.

MACK DEBOIS,

 Appellant

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IN THE SUPERIOR COURT OF 

PENNSYLVANIA

 

No. 82 EDA 2021

Appeal from the PCRA Order Entered November 24, 2020 

in the Court of Common Pleas of Philadelphia County 

Criminal Division at No(s): CP-51-CR-0004319-2018

BEFORE: LAZARUS, J., KING, J., AND COLINS, J.*:

JUDGMENT ORDER BY COLINS, J.: FILED DECEMBER 10, 2021

Appellant, Mack Debois, appeals from the order entered November 24, 

2020, dismissing his first petition filed pursuant to the Post Conviction Relief 

Act (PCRA), 42 Pa.C.S. §§ 9541–9546. With this appeal, Appellant’s counsel 

has filed a motion to withdraw as counsel and an Anders1 Brief. Before 

counsel may withdraw under the PCRA, we must determine if counsel has 

complied with the technical requirements of Turner and Finley.

1 Anders v. California, 386 U.S. 738 (1967). Although counsel has filed an

Anders brief, the proper mechanism when seeking to withdraw in PCRA 

proceedings is a Turner/Finley no-merit letter. See Commonwealth v.

Turner, 544 A.2d 927 (Pa. 1988); Commonwealth v. Finley, 550 A.2d 213 

(Pa. Super. 1988) (en banc). However, because an Anders brief provides 

greater protection to a criminal appellant, we may accept an Anders brief in 

lieu of a Turner/Finley no-merit letter. Commonwealth v. Widgins, 29 

A.3d 816, 817 n.2 (Pa. Super. 2011).
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Pursuant to Turner/Finley, independent review of the record by 

competent counsel is required before withdrawal on collateral appeal is 

permitted. Commonwealth v. Pitts, 981 A.2d 875, 876 n.1 (Pa. 2009). 

Counsel is then required to submit a no-merit letter (1) detailing the nature 

and extent of his or her review; (2) listing each issue the petitioner wished to 

have reviewed; and (3) providing an explanation of why the petitioner’s issues 

were meritless. Id. The court then conducts its own independent review of 

the record to determine if the petition is meritless. Id. “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.” Commonwealth v. Wrecks, 931 

A.2d 717, 721 (Pa. Super. 2007) (citation omitted).

Our review of the record indicates that counsel did not serve a copy of

the Anders brief and motion to withdraw on Appellant. Instead, the proofs 

of service attached to counsel’s filings indicate service on the Commonwealth 

only. In addition, no proof of service was included with the no-merit letter 

appended to the motion to withdraw. Thus, counsel has not complied with 

the Turner/Finley notice requirements.

Accordingly, we deny counsel’s motion to withdraw and direct counsel, 

within ten days of the filing date of this decision, to send a copy of the nomerit Letter, motion to withdraw, and Anders brief to Appellant with amended 
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certificates demonstrating proper service on Appellant and the 

Commonwealth.

Motion to withdraw as counsel denied. Panel jurisdiction retained.

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 12/10/2021