Tuesday, September 23, 2008

Superior Court 9/23/08 - COMMONWEALTH OF PENNSYLVANIA v. THOMAS O'MALLEY, JR.

COMMONWEALTH OF PENNSYLVANIA v. THOMAS O'MALLEY, JR.
No. 415 EDA 2008 2008 PA Super 224 Atlantic: n/a Filed: 9/23/2008
Appeal from the Judgment of Sentence of December 7, 2007, in the Court of Common Pleas of Delaware County, Criminal Division at No. CP-23-CR-0004121-2007
Before: FORD ELLIOTT, P.J., BOWES and COLVILLE*, JJ.
Opinion by: COLVILLE, J.
Thomas O’Malley (“Petitioner”) petitions for allowance of appeal with respect to the discretionary aspects of his sentence. His counsel has filed a petition to withdraw and a brief under Anders v. California, 386 U.S. 738 (1967), alleging this matter is wholly frivolous. We grant counsel’s petition to withdraw and deny the petition for allowance of appeal.

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