Com. v. Huff, J.
CourtSuperior Court of Pennsylvania
Date FiledOctober 22, 2026
Docket785 MDA 2025
JudgeNichols
StatusUnpublished
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Full Opinion
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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
JAY HUFF :
:
Appellant : No. 785 MDA 2025
Appeal from the Judgment of Sentence Entered May 5, 2025
In the Court of Common Pleas of Northumberland County Criminal
Division at No(s): CP-49-CR-0001123-2023
BEFORE: PANELLA, P.J.E., NICHOLS, J., and NEUMAN, J.
MEMORANDUM BY NICHOLS, J.: FILED OCTOBER 22, 2026
Appellant Jay Huff appeals from the judgment of sentence imposed
following his convictions for exceeding maximum speed limits and careless
driving.1 Appellant’s counsel (Counsel) has filed a petition to withdraw and an
Anders/Santiago brief.2 After careful review, we grant Counsel’s petition to
withdraw and affirm the judgment of sentence.
On May 5, 2025, after a non-jury trial where the trial court convicted
Appellant of exceeding maximum speed limits and careless driving.3 The trial
court imposed an aggregate sentence of fines and costs. See Verdict Order,
____________________________________________
1 75 Pa.C.S. § 3362(a)(3), and 75 Pa.C.S. § 3714(a), respectively.
2 Anders v. California, 386 U.S. 738 (1967); Commonwealth v Santiago,
978 A.2d 349 (Pa. 2009)
3 The trial court acquitted Appellant of driving under the influence of a
controlled substance. See Verdict Order, 3/25/25.
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3/25/25; Sentencing Order, 5/5/25. The charges stemmed from a traffic stop
on July 23, 2022 on State Route 61 in Mount Carmel Township. See N.T.
Trial, 3/25/25, at 5-6. Pennsylvania State Police Trooper Aaron Brown
testified at trial that he observed and followed a dark colored Chevrolet truck
traveling at a high rate of speed after making a right-hand turn onto State
Route 61. See id. Trooper Brown, using his speedometer, testified to clocking
Appellant’s vehicle traveling 55 miles per hour in a 40 miles per hour zone
after trailing the vehicle for three-tenths of a mile. See id. at 6. The
speedometer’s accuracy and calibration testing certification was provided by
the Commonwealth. See id. at 6-7. Trooper Brown testified that he then
engaged his emergency lights, initiated the traffic stop, and conducted
multiple sobriety and impairment-related field tests and observed multiple
indicators of impairment. See id. at 7, 10, 15-16. For example, Appellant’s
hands were shaking uncontrollably when handing over requested documents;
Appellant’s eyes appearing dilated, watery, and bloodshot; Appellant was
unable to maintain his balance; and Appellant had eyelid and leg tremors.
See id. at 8, 10-12, 14-16. Trooper Brown then placed Appellant under
arrest on suspicion of driving under the influence. See id.
Counsel’s Petition to Withdraw
On appeal, Counsel filed an Anders/Santiago brief with this Court.
“When faced with a purported Anders[/Santiago] brief, this Court may not
review the merits of any possible underlying issues without first examining
counsel’s request to withdraw.” Commonwealth v. Wimbush, 951 A.2d
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379, 382 (Pa. Super. 2008) (citation omitted). Counsel must comply with the
technical requirements for petitioning to withdraw by (1) filing a petition for
leave to withdraw stating that after making a conscientious examination of
the record, counsel has determined that the appeal would be frivolous; (2)
providing a copy of the brief to the appellant; and (3) advising the appellant
of the right to retain private counsel, proceed pro se, or raise additional
arguments that the appellant considers worthy of the court’s attention. See
Commonwealth v. Goodwin, 928 A.2d 287, 290 (Pa. Super. 2007) (en
banc). In an Anders/Santiago brief, counsel must set forth the issues that
the defendant wishes to raise and any other claims necessary to effectuate
appellate presentation of those issues. Commonwealth v. Millisock, 873
A.2d 748, 751 (Pa. Super. 2005).
Additionally, counsel must file a brief that meets the requirements
established in Santiago, namely:
(1) provide a summary of the procedural history and facts, with
citations to the record; (2) refer to anything in the record that
counsel believes arguably supports the appeal; (3) set forth
counsel’s conclusion that the appeal is frivolous; and (4) state
counsel’s reasons for concluding that the appeal is frivolous.
Counsel should articulate the relevant facts of record, controlling
case law, and/or statutes on point that have led to the conclusion
that the appeal is frivolous.
Santiago, 978 A.2d at 361.
“Once counsel has satisfied the above requirements, it is then this
Court’s duty to conduct its own review of the trial court’s proceedings and
render an independent judgment as to whether the appeal is, in fact, wholly
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frivolous.” Goodwin, 928 A.2d at 291 (citation omitted). This includes “an
independent review of the record to discern if there are any additional,
nonfrivolous issues overlooked by counsel.” Commonwealth v. Flowers,
113 A.3d 1246, 1250 (Pa. Super. 2015) (citation and footnote omitted);
accord Commonwealth v. Yorgey, 188 A.3d 1190, 1197 (Pa. Super. 2018)
(en banc).
Here, Counsel complied with the procedural requirements by filing a
petition to withdraw, providing Appellant with a letter via email explaining his
appellate rights, informing Appellant of his right to proceed pro se or with
private counsel, and supplying Appellant with a copy of the Anders/Santiago
brief. See Goodwin, 928 A.2d at 290; see also Counsel’s Ltr., 3/21/26;
Counsel’s Appl. to Withdraw, 3/21/26, at 1. Counsel’s Anders/Santiago brief
also includes a summary of the relevant facts and procedural history, identifies
two claims Appellant wished to raise on appeal, refers to portions of the record
that might arguably support Appellant’s claims, a review of those claims, and
sets forth the conclusion that the appeal is frivolous. See Santiago, 978 A.2d
at 361; see also Anders/Santiago Brief at 4-13. Accordingly, Counsel has
met the technical requirements of Anders and Santiago. We now proceed
to address the issues identified in Counsel’s Anders/Santiago brief.
On appeal, Counsel identifies the following issues:
1. Whether the verdict of the [trial court] is supported by
sufficient evidence?
2. Whether the verdict of the [trial court] is against the weight of
the evidence?
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Anders/Santiago Brief at 3.
Sufficiency of Evidence
The first potential claim that Counsel identifies on appeal is a challenge
to the sufficiency of the evidence for both convictions. See Anders/Santiago
Brief at 6. Ultimately, Counsel concludes that this claim is frivolous. See id.
at 11-12.
Our standard of review for sufficiency claims is well settled. A challenge
to the sufficiency of the Commonwealth’s evidence presents a pure question
of law for which our standard of review is de novo and our scope of review is
plenary. See Commonwealth v. Boyer, 347 A.3d 689, 699 (Pa. Super.
2025). We review the evidence in the light most favorable to the
Commonwealth as verdict winner, drawing all reasonable inferences in the
Commonwealth’s favor, to determine whether the evidence was sufficient to
enable the fact-finder to find every element of the offense beyond a
reasonable doubt. See Commonwealth v. Widmer, 744 A.2d 745, 751 (Pa.
2000). In applying this test, we may not weigh the evidence or substitute our
judgment for that of the fact-finder. See Commonwealth v. Cahill, 95 A.3d
298, 300 (Pa. Super. 2014).
Section 3362(a)(3) of the Vehicle Code prohibits a person from driving
a vehicle at a speed in excess of any posted speed limit. See 75 Pa.C.S. §
3362(a)(3); see also 75 Pa.C.S. § 3362(b) (setting forth requirements for
posted speed limits). Here, Trooper Brown testified that a speedometer
reading confirmed that Appellant drove over the speed limit. See N.T. Trial,
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3/25/25, at 6-7. Specifically, Trooper Brown observed Appellant driving 55
miles per hour in an area in which the posted speed limit was 40 miles per
hour. See id. at 6.
The offense of careless driving occurs when a defendant “drives a vehicle
in careless disregard for the safety of persons or property.” 75 Pa.C.S. §
3714. Generally, “a police officer who has perceived a defendant’s appearance
and [conduct] is competent to express an opinion as to [a defendant’s] state.
. . and [their] ability to safely drive a vehicle.” See Commonwealth v.
Palmer, 751 A.2d 223, 228 (Pa. Super. 2000) (citation omitted and some
formatting altered). In addition to observing Appellant driving in excess of
the speed limit as described above, Trooper Brown observed Appellant’s hands
shaking uncontrollably, the presence of leg and eyelid tremors, dilated,
watery, bloodshot eyes, as well as a general inability to maintain balance.
See N.T. Trial, 3/25/25 at 8, 10-12, 14-16.
Following our review, viewing the evidence in the light most favorable
to the Commonwealth as verdict winner, we conclude that Appellant’s
sufficiency challenge to both convictions has no merit. See Boyer, 347 A.3d
at 699; Widmer, 744 A.2d at 751; Cahill, 95 A.3d at 300. For the reasons
stated above, the Commonwealth presented sufficient evidence to warrant
convictions of maximum speed limits and careless driving. See 75 Pa.C.S. §§
3362(a)(3), 3714(a); Commonwealth v. Greenberg, 885 A.2d 1025, 1026-
1027; Palmer, 751 A.2d at 228. Accordingly, Appellant is not entitled to
relief.
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Weight of the Evidence
The second potential claim that Counsel identifies on appeal is a
challenge to the weight of the evidence. See Anders/Santiago Brief at 6.
Ultimately, Counsel concludes that this claim is frivolous. See id. at 11-12.
Preliminarily, a defendant raising a challenge to the weight of the
evidence must raise the claim with the trial judge in the first action. See
Pa.R.Crim.P. 607(A)(1)-(3). “An appellant’s failure to avail himself of any of
the prescribed methods for presenting a weight of the evidence issue to the
trial court constitutes waiver of that claim.” See Commonwealth v. Cox,
231 A.3d 1011, 1018 (Pa. Super. 2020) (citations omitted).
Here, Appellant claims that “the verdict was against the weight of the
evidence.” See Anders/Santiago Brief at 6. Our review confirms that
Appellant nor Counsel preserved a challenge to the weight of the evidence by
filing either a written motion before sentencing or a post-sentence motion.
Additionally, our review of the sentencing hearing transcript confirms that a
weight challenge was not raised orally prior to sentencing. Therefore,
Appellant failed to preserve a weight claim for appellate review and it is,
accordingly, waived and, therefore, frivolous. See Pa.R.Crim.P. 607(A)(1)-
(3); see Commonwealth v. Kalichak, 943 A.2d 285, 291 (Pa. Super. 2008)
(concluding that waiver renders a claim frivolous on direct appeal).
After our review of the record, we agree with Counsel’s determination
that Appellant’s claims challenging the sufficiency and weight of the evidence
would be frivolous. Additionally, our independent review of the record does
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not reveal any additional non-frivolous issues that Appellant could raise on
direct appeal. See Flowers, 113 A.3d at 1250; see also Goodwin, 928 A.2d
at 291. For these reasons, we grant Counsel’s petition to withdraw and affirm
Appellant’s judgment of sentence.
Judgment of sentence affirmed. Counsel’s petition to withdraw granted.
Jurisdiction relinquished.
Judgment Entered.
Benjamin D. Kohler, Esq.
Prothonotary
Date: 10/22/2026
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