J-S29019-16
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
CHARLES JACOB BERGER
Appellant No. 1173 WDA 2015
Appeal from the PCRA Order July 8, 2015
In the Court of Common Pleas of Fayette County
Criminal Division at No(s): CP-26-CR-0000898-2008
BEFORE: BENDER, P.J.E., PANELLA, J., and FITZGERALD, J.*
JUDGMENT ORDER BY PANELLA, J. FILED OCTOBER 17, 2016
The parties are well acquainted with the facts and procedural history of
this case. We need not restate them in detail here. It, however, is important
to note that the unprofessional conduct of Attorney James Eugene
DePasquale, Appellant’s privately retained counsel, needlessly delayed the
resolution of this case, requiring a remand for further action in the PCRA
court. See Commonwealth v. Berger, No. 1173 WDA 2015 (Pa. Super.,
filed June 27, 2016) (unpublished memorandum).
On remand, the PCRA court conducted a hearing. Prior to that hearing,
Appellant sent a letter to the PCRA court indicating that he did not “wish to
further this appel[l]ate process.” Letter, dated July 17, 2016. At the hearing,
____________________________________________
*
Former Justice specially assigned to the Superior Court.
J-S29019-16
Appellant participated via video link and the PCRA court placed him under
oath. Appellant stated that he had no objection to Attorney DePasquale
withdrawing as counsel. See N.T., Hearing, 7/26/16, at 5 (unpaginated).
And, importantly for our purposes here, he stated that he wanted to
withdraw his PCRA petition. See id. The PCRA court warned Appellant of the
ramifications of his decision explaining, “once you withdraw it, that ends it.
You can’t come back and take a second bite at this.” Id. Appellant
responded, “I understand that.” Id. The PCRA court asked Appellant why he
wanted to withdraw his PCRA petition and Appellant stated, “[b]ecause it has
no merit….” Id. The PCRA court asked Appellant if he was on any
medications and Appellant reassured the court that he was “fully aware of
what I’m saying.” Id. The PCRA court then entered orders permitting
Attorney DePasquale to withdraw as counsel and granting Appellant’s
request to withdraw his PCRA petition.
The PCRA court remitted the record to our Court and this appeal is
now ready for disposition. Given Appellant’s withdrawal of his PCRA petition,
on the record in the court below, this appeal is now moot.
Appeal dismissed as moot.
-2-
J-S29019-16
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 10/17/2016
-3-