Com. v. Carboni, D.

CourtSuperior Court of Pennsylvania
DecidedDecember 9, 2025
Docket455 EDA 2025
StatusUnpublished

This text of Com. v. Carboni, D. (Com. v. Carboni, D.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Com. v. Carboni, D., (Pa. Ct. App. 2025).

Opinion

J-S38018-25

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : DOMINIC ALEXANDER CARBONI : : Appellant : No. 455 EDA 2025

Appeal from the PCRA Order Entered January 14, 2025 In the Court of Common Pleas of Montgomery County Criminal Division at No(s): CP-46-CR-0006340-2022

BEFORE: McLAUGHLIN, J., KING, J., and BENDER, P.J.E.

MEMORANDUM BY KING, J.: FILED DECEMBER 9, 2025

Appellant, Dominic Alexander Carboni, appeals from the order entered

in the Montgomery County Court of Common Pleas, which denied his petition

filed pursuant to the Post Conviction Relief Act (“PCRA”). 1 We affirm.

The PCRA court set forth the relevant facts and procedural history of

this case as follows:

On June 23, 2023, Appellant entered into a negotiated guilty plea to two counts of first-degree murder, robbery—serious bodily injury, and conspiracy to commit robbery—serious bodily injury.[2] During the colloquy, pertinent to this appeal, the Commonwealth reviewed the maximum penalties Appellant would face should he go to trial as follows:

____________________________________________

1 42 Pa.C.S.A. §§ 9541-9546.

2The Commonwealth nolle prossed 12 additional charges in exchange for Appellant’s plea. J-S38018-25

Q. Sir, do you understand that the guidelines here are, for murder of the first degree, are 192 months to a sentence of life; do you understand that?[3]

A. Yes.

Q. Do you understand that you have one charge [of robbery], the guidelines there are 72 to 90 months, maximum exposure for that charge is ten to 20 years in jail?

Q. Do you understand the conspiracy to robbery F1 charge is the same thing, 72 to 90 months, the maximum exposure is 10 to 20 years in jail?

(N.T., Guilty Plea and Sentencing, 6/23/23, p. 12). At the conclusion of the colloquy, this [c]ourt accepted his guilty plea. Id. at 14. Immediately following, Appellant was sentenced to the agreed to sentence term of 32½ to 65 years’ imprisonment. Id. at 15. No appeal followed.

On June 27, 2024, Appellant filed a pro se PCRA petition. PCRA counsel was appointed and on September 2, 2024, counsel filed a First Amended PCRA Petition. Therein it was alleged that Appellant was misadvised by trial counsel that if convicted at trial he faced a mandatory sentence of life without the possibility of parole, and that no other outcome was possible. Id. at ¶¶4, 5, 10. The Commonwealth filed an Answer and Motion to Dismiss Appellant’s Amended PCRA Petition on November 25, 2024. Based upon a review of the petition, the answer, and the entirety of the record, this [c]ourt issued a Rule 907 Order on December 3, 2024, notifying Appellant of this [c]ourt’s intent to dismiss his petition without a hearing and of his right to respond to the notice. ____________________________________________

3 Prior to this exchange, the court noted that the guidelines were reflective of

Appellant’s age. Notably, Appellant was 17 years old at the time of the offenses at issue.

-2- J-S38018-25

On December 13, 2024, PCRA counsel filed a Memorandum of Law in Opposition to the Motion to Dismiss of the Commonwealth and in Support of the Post-Conviction Relief Act Petition. This [c]ourt reviewed this filing prior to issuing its final order. Therein, counsel stressed that [Appellant] was “misadvised by his attorneys ...” Id. at p. 3 (emphasis in the original). Further, counsel stated that Appellant was told by “someone other than his own two attorneys that (1) there exists something called ‘guidelines,’ as [a] legal term that was not defined or described to Petitioner by his counsel or counsel for the Commonwealth; and, (2) that those ‘guidelines’ appeared to apply in the context of a plea hearing.” Id. at p. 4. Counsel further alleged that based on misadvi[c]e of his own counsel he was under the incorrect impression that he would receive life without parole if found guilty at trial. Id.

On January 14, 2025, a final order of dismissal was issued. A timely notice of appeal was filed [on February 10, 2025, and subsequent concise statement of errors per Pa.R.A.P. 1925(b) was filed on March 3, 2025].

(PCRA Court Opinion, filed 4/14/25, at 1-3).

Appellant raises one issue for our review:

Whether the [PCRA] court committed legal error where the [PCRA] court denied Appellant’s petition for post-conviction relief without an evidentiary hearing when the petition presented factual allegations related to mis-advice Appellant received from trial counsel regarding the statutory maximum sentence Appellant faced which, if believed, would result in an involuntary, unintelligent, and unknowing guilty plea due to the ineffective assistance of counsel?

(Appellant’s Brief at 2).

“Our standard of review of [an] order granting or denying relief under

the PCRA calls upon us to determine whether the determination of the PCRA

court is supported by the evidence of record and is free of legal error.”

-3- J-S38018-25

Commonwealth v. Parker, 249 A.3d 590, 594 (Pa.Super. 2021) (quoting

Commonwealth v. Barndt, 74 A.3d 185, 191-92 (Pa.Super. 2013)). “The

PCRA court’s factual findings are binding if the record supports them, and we

review the court’s legal conclusions de novo.” Commonwealth v. Prater,

256 A.3d 1274, 1282 (Pa.Super. 2021), appeal denied, ___ Pa. ___, 268 A.3d

386 (2021). Further, a PCRA petitioner is not entitled to a hearing as a matter

of right; the PCRA court can decline to hold a hearing if there is no genuine

issue concerning any material fact, the petitioner is not entitled to relief, and

no purpose would be served by any further proceedings. Commonwealth v.

Wah, 42 A.3d 335, 338 (Pa.Super. 2012).

Appellant argues that he was misadvised by his attorneys on the

evening prior to trial that he would face a mandatory term of life without the

possibility of parole if he proceeded to trial and was convicted of first-degree

murder. Appellant emphasizes that the record contains no evidence rebutting

Appellant’s claim. Appellant asserts that without an evidentiary hearing, the

court had no way to test the veracity of Appellant’s averments about the

misinformation given by his attorneys. Appellant contends that if he knew

that the penalty he faced at trial might have been something other than life

imprisonment without the possibility of parole that he would have proceeded

to trial to challenge the Commonwealth’s evidence and assert self-defense.

Appellant maintains that the attorneys misadvised him based on their lack of

knowledge about the actual range of permissible sentences that Appellant

-4- J-S38018-25

faced. Appellant insists that counsel lacked a reasonable basis for their

inaccurate legal advice to Appellant. Appellant proclaims that he suffered

prejudice as evidenced by the record which shows that Appellant was ready

to proceed to trial until the time when his attorneys provided the inaccurate

advice. Appellant avers that it was not until after receiving the erroneous

advice of trial counsel that he entered an involuntary, unknowing, and

unintelligent guilty plea. Appellant concludes the PCRA court erred in denying

relief on these grounds, and this Court must grant relief. We disagree.

“Counsel is presumed to have rendered effective assistance.”

Commonwealth v. Hopkins, 231 A.3d 855, 871 (Pa.Super. 2020), appeal

denied, 663 Pa.

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