Friday, December 18, 2009

COMMONWEALTH OF PENNSYLVANIA v. LONNIE MITCHELL

COMMONWEALTH OF PENNSYLVANIA v. LONNIE MITCHELL
No. 2344 EDA 2008 2009 PA Super 249 Atlantic: n/a Filed: 12/18/2009

Appeal from the Judgment of Sentence Entered July 15, 2008,
Court of Common Pleas, Philadelphia County,
Criminal Division, at No. MC-51-CR-0022285-2008.
Before: ORIE MELVIN, SHOGAN, and POPOVICH, JJ.
Opinion by: SHOGAN, J.
Appellant, Lonnie Mitchell, appeals from the judgment of sentence entered on July 15, 2008, after he was adjudged guilty of harassment and found in indirect criminal contempt for violating a protection from abuse (“PFA”) order. Appellant’s counsel has filed a petition to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), and Commonwealth v. McClendon, 495 Pa. 467, 434 A.2d 1185 (1981). For the reasons that follow, we deny counsel’s petition to withdraw, vacate the judgment of sentence with respect to Appellant’s harassment conviction, and remand this matter with instructions.
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