J-S29022-25

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : RICHARD DARYL ARRINGTON : : Appellant : No. 262 WDA 2025 Appeal from the Judgment of Sentence Entered January 23, 2024 In the Court of Common Pleas of Erie County Criminal Division at No(s): CP-25-CR-0002389-2023 BEFORE: NICHOLS, J., SULLIVAN, J., and BENDER, P.J.E.

JUDGMENT ORDER BY SULLIVAN, J.: FILED: December 1, 2025 Richard Daryl Arrington (“Arrington”) appeals from the judgment of sentence imposed following his guilty plea of one count of receiving stolen property; counsel has filed a petition to withdraw and an accompanying brief, pursuant to Anders v. California, 386 U.S. 738 (1967), and Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009). We quash the appeal and grant counsel’s petition to withdraw.

Given our disposition, we dispense with a detailed recitation of the facts.

The following are the relevant facts. On January 23, 2024, Arrington pleaded guilty to receiving stolen property. See Trial Court Opinion, 3/25/25, at 1.

The court sentenced Arrington that same day to four to twenty-three months of incarceration with credit for time served. See id. At the time of Arrington’s plea and sentencing, he had chosen to proceed pro se. See id. Arrington filed a motion for an appointed attorney on January 24, 2025, which was J-S29022-25

granted on January 29, 2025. See Order Granting Appointed Attorney, 1/29/25. Appointed counsel (“Counsel”) filed a notice of appeal on February 28, 2025.

A notice of appeal must be filed within thirty days of the entry of the order being appealed. See Pa.R.A.P. 903; Commonwealth v. Green, 862 A.2d 613, 616 (Pa. Super. 2004) (en banc). This Court may not extend the time for filing a notice of appeal. See Pa.R.A.P. 105(b). Arrington’s judgment of sentence was entered on January 23, 2024. Thus, Arrington had 30 days, until February 22, 2024, to file a timely notice of appeal. Counsel filed the instant notice of appeal on February 28, 2025, over 400 days after entry of sentence.1 On June 4, 2025, Counsel filed an Anders brief and a separate petition to withdraw as counsel.

This Court filed two orders to show cause concerning the issue of a timely notice of appeal. See Orders 9/9/25, 10/21/25. Counsel did not reply to the first order. Counsel replied to the second order agreeing that the appeal should be quashed for the reasons set forth in our order. See Answer to Rule to Show Cause, 10/22/25. The second order was also served on Arrington, who did not reply despite being granted time to do so. Thus, we are compelled

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1 The docket shows a notice of appeal was returned for corrections to Arrington on January 21, 2025. The criminal docketing statement Counsel prepared states a notice of appeal was filed on February 28, 2024, thirty-five days after the entry of the judgment of sentence. This is likely an error; Counsel filed a notice of appeal on February 28, 2025, and the docket and record contain no other notice of appeal.

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to quash Arrington’s appeal as untimely filed. See Pa.R.A.P. 903; Green, 862 A.2d at 616; Pa.R.A.P. 105(b). We grant Counsel’s petition to withdraw.

Appeal quashed. Application to withdraw as counsel granted.

12/1/2025

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