J

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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,

Appellee

v.

MACK DEBOIS

,

Appell ant :

:

:

:

:

:

:

:

: IN THE SUPERIOR COURT OF

PENNSYLVANIA

No. 82 EDA 20 21

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 De b ois , appeals from the order entered November 24

,

202 0 , 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 Anders 1 Brief. Before

counsel may withdraw under the PCRA, we must determine if cou nsel 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 b rief, 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).J

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- 2

-

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 p etitioner ’ s issues

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

the record to determine if the p etition is meritless. Id. “Counsel must also

send to the petitioner: (1) a copy of the ‘no

- merit’ letter/brief; (2) a copy of

c ounsel ’ 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).

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

the Anders b rief and motion to w ithdraw on Appellant. I nstead, 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

appen ded 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 no

merit Letter, motion to withdraw, and Anders brief to Appellant with amendedJ

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- 3

-

certificates demonstrating proper service on Appellant and the

Commonwealth.

Motion to withdraw as counsel den ied. Panel jurisdiction retained.

Judgment Entered.

Joseph D. Seletyn, Esq.
Prothonotary

Date: 12/10/2021