Jeremy Seville appeals the September 28, 2021, Judgment of Sentence from the Luzerne County Court of Common Pleas, following his negotiated guilty plea to Weapons or Implements for Escape. His attorney, Robert M. Buttner, filed a Petition to Withdraw as Counsel and an Anders Brief, which went unanswered by the Appellant. The court granted the Petition to Withdraw and affirmed the Judgment of Sentence.
The case's background includes a charge against Seville stemming from an incident on November 25, 2019, while he was incarcerated at SCI Dallas. On May 18, 2021, he entered a negotiated guilty plea, with a planned sentence of 30 months of Intermediate Punishment Program (IPP) probation, including 12 months of house arrest, contingent on Franklin County accepting supervision. However, Franklin County declined supervision due to Seville's prior non-compliance, unpaid costs, a failed drug test, and new charges for attempted homicide and aggravated assault.
Seville did not appear at the initial sentencing review on August 25, 2021, leading to a rescheduled hearing on September 28, 2021. The trial court vacated the initial sentencing order due to the unmet supervision requirement and sentenced him to 27 to 54 months of incarceration. Seville did not object to the sentence calculation or file a post-sentence motion. Upon appeal, counsel expressed concern regarding the trial court's jurisdiction under 42 Pa.C.S. § 5505 when it vacated the IPP probation in favor of total confinement.
Appellate counsel's request to withdraw was considered, following the requirements established in *Anders* and subsequent case law. Counsel must summarize the procedural history, cite supporting record materials, conclude that the appeal is frivolous, and provide rationale for that conclusion. Counsel complied with these requirements, informing the Appellant of the right to seek new counsel or proceed pro se. The court then conducted an independent review of the appeal.
The Appellant challenged the trial court's jurisdiction to impose a custodial sentence, arguing under 42 Pa.C.S. § 5505 that the court lacked authority to alter its initial sentencing order after 30 days. However, the court determined that the original non-custodial sentence was contingent on the acceptance of supervision by the FCAPO, meaning it was not a final judgment. Consequently, the trial court retained jurisdiction to revise the sentencing order. The court found the Appellant's jurisdictional challenge frivolous and, after a full review, identified no non-frivolous issues for appeal. Therefore, the court granted counsel's petition to withdraw and affirmed the judgment of sentence.
