J-S50005-16
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
v.
GREGORY B. BARTUCCI
Appellant No. 1686 MDA 2015
Appeal from the Judgment of Sentence July 8, 2015
in the Court of Common Pleas of Lancaster County Criminal Division
at No(s): CP-36-CR-0001286-2014
BEFORE: MUNDY, STABILE, and FITZGERALD,* JJ.
JUDGMENT ORDER BY FITZGERALD, J.: FILED NOVEMBER 18, 2016
Appellant filed a pro se “Motion-Application for: (A) leave to proceed
pro se on direct appeal; (B) dismissal of assigned counsel; (C) to strike any
prospective merits brief submitted by [counsel]; (D) leave to file 1925(a)[1]
statement nunc pro tunc and; (E) leave to file extended length brief.” We
remand this case for a hearing pursuant to Commonwealth v. Grazier,
713 A.2d 81 (Pa. 1998).2
*
Former Justice specially assigned to the Superior Court.
1
Appellant referenced Pa.R.A.P. 1925(a), when he intended Rule 1925(b).
See Defendant-Appellant’s Motion, 10/13/16, at 7.
2
Pursuant to Grazier, “when an appellant requests pro se status after his
counsel has filed an appellate brief, the request is untimely.” Id. at 82
(citation omitted). On September 23, 2016, counsel filed an advocate’s
brief. On October 13, 2016, the instant motion was received by this Court.
J-S50005-16
A criminal appellant has a constitutional right to counsel on direct
appeal. Commonwealth v. Wrecks, 931 A.2d 717, 722 (Pa. Super. 2007).
“When a waiver of the right to counsel is sought at . . . the appellate stages,
an on-the-record determination should be made that the waiver is a
knowing, intelligent, and voluntary one.” Grazier, 713 A.2d at 82. Thus,
we remand this case for proceedings consistent with the foregoing.
The trial court is to conduct a Grazier hearing within thirty days. We
direct the Prothonotary to enter a new briefing schedule based upon the
outcome of the Grazier hearing.
Case remanded. Jurisdiction retained.
Judge Mundy did not participate in the consideration or decision of this
case.
However, the verification is dated August 20, 2016. In an abundance of
caution, based upon the prisoner mailbox rule, we will consider the motion
timely. See Commonwealth v. Chambers, 35 A.3d 34, 38 (Pa. Super.
2011 (holding “a pro se prisoner’s document is deemed filed on the date he
delivers it to prison authorities for mailing”) (citation omitted)).
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