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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. : 97-1338 CRIMINAL
SAM L. WILLIS :
IN RE: OPINION PURSUANT TO RULE 1925
This case arose out of the search ora hotel room at a local Super 8 Motel. The search
resulted in the seizure of a substantial quantity of marijuana along with paraphernalia associated
with its sale. Both the defendant, Sam L. Willis, and his son, John, were arrested.
On March 9, 1998, the defendant tendered a plea of guilty to the unlawful possession
with intent to deliver a schedule I controlled substance. The plea was entered in exchange for
lenient treatment of his son and resulted in the imposition of the mandatory minimum of not less
than four years nor more than eight years. Following sentence, the court engaged in the usual
colloquy concerning the right of the defendant to withdraw his plea, request modification of his
sentence, and file an appeal to the Superior Court.
No post-sentence motions were filed. There ensued, however, some correspondence in
the course of which Mr. Willis complained of his sentence. On July 16, 1998, private counsel,
Jerry J. Russo, Esquire, withdrew his appearance. In the meantime, on July 2, 1998, the
undersigned corresponded with Mr. Willis in an attempt to explain that his letter writing
campaign was in vain. In our letter, a copy of which is attached to the defendant's statement of
matters complained of on appeal, we reminded Mr. Willis that we no longer had jurisdiction of
his case. The letter went on to note that "[w]hile there are avenues of post-conviction relief, they
are not triggered by your writing letters." The defendant has now appealed, claiming that this
97-1338 CRIMINAL
letter is a "final order." This letter is clearly not an order. The last order in this case was the
order imposing sentence as to which the time for appeal has long since expired.
Since the filing of the complaint in this matter, the defendant has apparently come to
understand the procedural course available to him. On August 24, 1998, he filed a petition for
post-conviction collateral relief. Counsel has been appointed and a hearing is set in this matter
for October 9, 1998. In the meantime, it is respectfully suggested that the defendant's appeal
ought to be stricken.
September /0' , 1998
Jaime Keating, Esquire
Senior Deputy District Attorney
Darrell C. Dethlefs, Esquire
Court-appointed for Defendant
:rim
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