Com. v. Marshall, M.
CourtSuperior Court of Pennsylvania
Date FiledNovember 12, 2026
Docket196 WDA 2026
JudgeDubow
StatusUnpublished
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Full Opinion
J-A26015-26
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
MICHAEL PAUL MARSHALL :
:
Appellant : No. 196 WDA 2026
Appeal from the Judgment of Sentence Entered December 19, 2025
In the Court of Common Pleas of Venango County Criminal Division at
No(s): CP-61-CR-0000499-2025
BEFORE: DUBOW, J., KUNSELMAN, J., and BECK, J.
JUDGMENT ORDER BY DUBOW, J.: FILED: November 12, 2026
Appellant Michael Paul Marshall appeals from the sentence imposed by
the Venango County Court of Common Pleas after he pled guilty to Flight to
Avoid Apprehension and Possession of a Controlled Substance.1 He purports
to challenge the discretionary aspect of his sentence. Because his brief is
woefully defective, we are unable to conduct any meaningful review. We,
thus, affirm his judgment of sentence.
We glean the relevant factual and procedural history from the trial court
opinion and the certified record. On November 10, 2025, Appellant pled guilty
to the above offenses.2 The court ordered a pre-sentence investigation. On
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1 18 Pa.C.S. § 5126(a); 35 P.S. § 780-113(a)(16).
2 As a result of these convictions at Docket No. CR 499-2025, the trial court
revoked Appellant’s parole and probation at Docket No. CR 86-2025. The
appeal now before us pertains only to the judgment of sentence imposed at
CR 499-2025.
J-A26015-26
December 19, 2025, the court sentenced Appellant to an aggregate term of
twelve to twenty-four months’ incarceration, i.e., a term of six to 12 months
incarceration for each offense to be served consecutively.3 Appellant filed a
post-sentence motion challenging the sentence imposed as being outside the
guidelines. The court denied the motion on January 8, 2026.
Appellant filed a timely notice of appeal. Both Appellant and the trial
court complied with Pa.R.A.P. 1925.
Appellant raises one question for our review:
Whether the court erred as a matter of law or abused its
discretion, when the court denied the post sentence motion
requesting a county sentence instead of a state sentence when
the defendant had no prior convictions and was employed[?]
Appellant’s Br. at 5.
It is axiomatic that appellate briefs must materially conform to the
requirements of the Pennsylvania Rules of Appellate Procedure, and this Court
may quash or dismiss an appeal if the defect in the brief is substantial.
Commonwealth v. Adams, 882 A.2d 496, 497-98 (Pa. Super. 2005);
Pa.R.A.P. 2101. “The Rules of Appellate Procedure state unequivocally that
each question an appellant raises is to be supported by discussion and analysis
of pertinent authority.” Commonwealth v. Martz, 232 A.3d 801, 811 (Pa.
____________________________________________
3 The same day, the court also revoked Appellant’s parole and imposed
sentence at CR 86-2025 (“VOP Sentence”) and ordered that the sentence
imposed in the instant appeal be served consecutively to the VOP sentence.
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Super. 2020) (citation and bracketed language omitted); see Pa.R.A.P. 2111
(listing briefing requirements for appellate briefs) and 2119 (listing argument
requirements for appellate briefs). “When issues are not properly raised and
developed in briefs, when the briefs are wholly inadequate to present specific
issues for review, a Court will not consider the merits thereof.” Branch
Banking and Trust v. Gesiorski, 904 A.2d 939, 942-43 (Pa. Super. 2006)
(citation omitted).
Rule 2119 requires that the argument portion of an appellate brief must
be developed with citation to the record and relevant authority. Pa.R.A.P
2119(a)-(c). As this Court has made clear, we “will not act as counsel[.]”
Commonwealth v. Kane, 10 A.3d 327, 331 (Pa. Super. 2010) (citation
omitted). “We shall not develop an argument for an appellant, nor shall we
scour the record to find evidence to support an argument; instead, we will
deem [the] issue[s] to be waived.” Milby v. Pote, 189 A.3d 1065, 1079 (Pa.
Super. 2018).
Here, Appellant’s argument section does not at all match the question
presented. Rather, he asserts that “the sentencing court abused its discretion
by imposing a sentence outside the guidelines and by relying on a belief that
the appellant’s prior record did not reflect the appellant’s actual record.”
Appellant’s Br. at 9. Although he acknowledges that the sentencing court has
discretion to depart from the recommended sentencing guidelines, Appellant
provides a three-sentence argument that includes no discussion of the
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applicable guidelines, no discussion of his “actual record,” and no citations to
the record. See id., at 10-11. Further, Appellant’s purported Rule 2119(f)
Statement, inserted after his three-sentence argument, is immediately
followed by a “conclusion” requesting remand for a county sentence. These
briefing defects are fatal to this Court’s ability to provide any meaningful
review of Appellant’s sentencing challenge.
We, therefore, affirm the judgment of sentence.
11/12/2026
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