Commonwealth v. Aviles

8 Pa. D. & C.5th 237
CourtPennsylvania Court of Common Pleas, Berks County
DecidedApril 24, 2009
Docketno. CP-06-CR-1479-06
StatusPublished

This text of 8 Pa. D. & C.5th 237 (Commonwealth v. Aviles) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Berks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Aviles, 8 Pa. D. & C.5th 237 (Pa. Super. Ct. 2009).

Opinion

YATRON, J,

PROCEDURAL HISTORY

On August 15,2006, a jury found the defendant guilty of simple assault, 18 Pa.C.S. §2701(a)(2); recklessly endangering another person, 18 Pa.C.S. §2705; firearms not to be carried without a license, 18 Pa.C.S. §6106(a) (1); possession of instrument of crime — concealed deadly weapon, 18Pa.C.S. §907(b); and receiving stolen property, 18 Pa.C.S. §3925(a).1 Then, on September 19, 2006, the defendant pled guilty to persons not to possess, use, manufacture, control, sell or transfer firearms, 18 [239]*239Pa.C.S. §6105(a)(l). After accepting the defendant’s plea, this court immediately sentenced the defendant on all of the above counts to serve an aggregate term of eight years and four months to 22 years in a state correctional facility.

On July 27,2007, counsel was appointed to represent the defendant with regard to his post conviction claim. However, due to unforeseen difficulties, a formal PCRA petition was not filed until October 22, 2008.2 After reviewing the defendant’s claims, PCRA counsel filed a “ ‘no merit’ letter pursuant to Finley and Turner requesting leave of court to withdrawal as counsel,” on November 26, 2008, in which she asserted that the defendant’s claims lacked any merit and requested to withdraw from the case. This court agreed with her representations and granted her request to withdrawal from the case. We also gave the defendant the appropriate notice that we intended to dismiss his petition as a result of the representations of PCRA counsel. On January 2,2009, this court dismissed the defendant’s PCRApetition. Then, on February 2, 2009, the defendant filed the following appeal.

The defendant’s concise statement of errors complained of on appeal reads as follows:3

“(1) Trial counsel failed to litigate a motion to suppress petitioner’s statements that were not knowing and intelligent;
[240]*240“(2) Trial counsel failed to properly cross-examine and impeach C.I. Jeffrey Reichart as to the procedures used to obtain petitioner’s statement;
“(3) Trial counsel was ineffective for failing to adequately investigate the procedures of C.I. Jeffrey Reich-art used in obtaining petitioner’s statement;
“(4) Trial counsel failed to object to the introduction at trial of petitioner’s statement, obtained in violation of petitioner’s constitutional [sic] rights.
“(5) Trial counsel failed to litigate a motion to suppress the statements of witness Jose Hernandez-Martinez alleging that petitioner gave him the gun.
“(6) Trial counsel failed to request that an instruction regarding accomplice be given to the jury; and
“(7) Trial counsel failed to request that an instruction regarding a corrupt source be given to jury regarding witness Martinez.
“(8) Trial counsel failed to properly cross-examine and impeach Jose Hernandez-Martinez to show bias where Martinez hoped for leniency in exchange for testimony against petitioner; and
“(9) Trial counsel was ineffective for failing to adequately investigate the Commonwealth’s offering of leniency to Martinez in return for Martinez [sic] testimony against petitioner.
“(10) Trial counsel was ineffective for failing to adequately prepare for the presentation of petitioner’s claim of self-defense at trial.
“(11) Trial counsel was ineffective for failing to put petitioner on the stand regarding petitioner’s claim of self-defense.
[241]*241“(12) Trial counsel was ineffective for misadvising petitioner to take a plea by telling petitioner that his sentence would run concurrent and that the jury would convict petitioner should he proceed to trial.”

DISCUSSION

When reviewing a PCRA court’s denial of a petition for post-conviction relief, the appellate court must examine whether the PCRA court’s determination is supported by the record and is free from legal error. Commonwealth v. Hall, 867 A.2d 619, 628 (Pa. Super. 2005). The appellate court’s scope of review is limited by the parameters of the PCRA. Commonwealth v. Heilman, 867 A.2d 542, 544 (Pa. Super. 2005). The Superior Court “grants great deference to the findings of the PCRA court if the record contains any support for those findings.” Commonwealth v. Carr, 768 A.2d 1164, 1166 (Pa. Super. 2001). Moreover, the Superior Court “may affirm the decision of the trial court if there is any basis on the record to support the trial court’s action; this is so even if [the Superior Court relies] on a different basis in [its] decision to affirm.” Heilman, 867 A.2d at 544.

Each of appellant’s 12 claims alleges the ineffectiveness of his trial counsel. When reviewing such matters we are guided by our Supreme Court which stated: [242]*242whether there were other more logical courses of action which counsel could have pursued; rather, we must examine whether counsel’s decisions had any reasonable basis. . . . Finally, appellant must establish that he has been prejudiced by counsel’s ineffectiveness; in order to meet this burden, he must show that but for the act or omission in question, the outcome of the proceedings would have been different... .A claim of ineffectiveness may be denied by a showing that the petitioner’s evidence fails to meet any of these prongs.... In the context of a PCRA proceeding, appellant must establish that the ineffective assistance of counsel was of the type which, in the circumstances of the particular case, so undermined the truth-determining process that no reliable adjudication of guilt of innocence could have taken place.” Commonwealth v. Washington, 592 Pa. 698, 712-13, 927 A.2d 586, 594 (2007) (internal quotations and citations omitted). With this in mind, we now address defendant’s averments.

[241]*241“In evaluating claims of ineffective assistance of counsel, we presume that counsel is effective. ... To overcome this presumption, appellant must establish three factors. First, that the underlying claim has arguable merit.... Second, that counsel had no reasonable basis for his action or inaction. ... In determining whether counsel’s action was reasonable, we do not question

[242]*242A. The Admissibility of Defendant’s Statements

In averments one through four, the defendant essentially argues that trial counsel failed to suppress, investigate or generally challenge the admissibility of the statements he made to the police. Due to the similarity of these arguments, some will be addressed concurrently.

1. Trial Counsel’s Alleged Failure To Suppress the Defendant’s Statements Pursuant to Miranda

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Bluebook (online)
8 Pa. D. & C.5th 237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-aviles-pactcomplberks-2009.