J-S23001-15
NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellee :
:
v. :
:
CRAIG CARTER, :
:
Appellant : No. 2190 EDA 2008
Appeal from the Judgment of Sentence May 17, 2006,
in the Court of Common Pleas of Philadelphia County,
Criminal Division, at No(s): CP-51-CR-0300181-2005
BEFORE: DONOHUE, SHOGAN, and STRASSBURGER, JJ.*
CONCURRING MEMORANDUM BY STRASSBURGER, J.: FILED MAY 15, 2015
I agree with the Majority that Appellant is not entitled to relief;
however, I do so for a different reason.
The U.S. Supreme Court has recognized that adequate and
effective appellate review is impossible without a trial transcript
or adequate substitute and has held that the States must
provide trial records to indigent inmates. See Bounds v. Smith,
430 U.S. 817, 822, 97 S.Ct. 1491, 52 L.Ed.2d 72 (1977) (citing
Griffin v. Illinois, 351 U.S. 12, 76 S.Ct. 585, 100 L.Ed. 891
(1956)). This Court has similarly concluded that a criminal
defendant is entitled to “a full transcript or other equivalent
picture of the trial proceedings” in order to engage in meaningful
appellate review. [Commonwealth v. Marshall, 812 A.2d 539,
551 (Pa. 2002)](quoting Commonwealth v. Shields, 477 Pa.
105, 383 A.2d 844, 846 (1978)). However, in order to “establish
entitlement to relief based on the incompleteness of the trial
record, [appellant] must first make some potentially
meritorious challenge which cannot be adequately
reviewed due to the deficiency in the transcript.” Id.
Commonwealth v. Sepulveda, 55 A.3d 1108, 1149 (Pa. 2012) (emphasis
added).
*Retired Senior Judge assigned to the Superior Court.
J-S23001-15
Instantly, Appellant has not presented any meritorious challenge
where review is dependent upon the record. In fact, his only issue on
appeal is whether the trial court erred in certifying reconstruction of the
record. Appellant’s Brief at 8-10. Accordingly, Appellant is not entitled to a
new trial.
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