Commonwealth v. Carrillo

465 A.2d 1256, 319 Pa. Super. 115, 1983 Pa. Super. LEXIS 3919
CourtSupreme Court of Pennsylvania
DecidedSeptember 16, 1983
Docket583
StatusPublished
Cited by14 cases

This text of 465 A.2d 1256 (Commonwealth v. Carrillo) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Carrillo, 465 A.2d 1256, 319 Pa. Super. 115, 1983 Pa. Super. LEXIS 3919 (Pa. 1983).

Opinions

[117]*117POPOVICH, Judge:

This is an appeal from the Order of the Court of Common Pleas of Philadelphia County denying appellant’s, Adolfo Carrillo’s Post-Conviction Hearing Act (PCHA) petition. 19 P.S. § 1180-1 et seq., as amended; reenacted as 42 Pa.C. S.A. §§ 9541-9551. We affirm.

The salient facts are as follows: In a non-jury trial before the Honorable Alex Bonavitacola, appellant was adjudged guilty of the shooting death of Santiago Garcia and possession of an instrument of crime. Boiler-plate post-trial motions that questioned the sufficiency of the evidence were filed by trial counsel. Subsequently, in his brief, counsel raised issues concerning the suppressibility of a confession and the commission of error on the part of the trial judge in allowing certain hearsay testimony into evidence. In response to the allegations proffered by appellant’s counsel, the trial judge ruled only upon the sufficiency of the evidence and held all other issues waived, despite the submission of a brief to supplement the motions. It did so on the basis of Commonwealth v. Blair, 460 Pa. 31, 331 A.2d 213 (1975).

On appeal, the same counsel who represented appellant throughout the criminal process raised, in addition to various matters categorized by the reviewing court as assailing the sufficiency of the evidence, three issues relating to the admissibility of an inculpatory statement, secured during an interrogation in which a police officer acted as the interpreter for the Spanish-speaking appellant.

Our Supreme Court sustained the trial court’s ruling on all counts, including the waiver issue under Blair, and, thus, declined to decide the propriety of the circumstances under which the inculpatory statement was secured and its admissibility at trial. Commonwealth v. Carrillo, 483 Pa. 215, 395 A.2d 570 (1978) (Manderino,'J., Dissenting).

On August 16, 1979, appellant filed a pro se PCHA petition claiming that, inter alia, prior counsel (David Wein-stein) was incompetent because:

[118]*118(a) Counsel Failed to protect Petitioner’s Constitutionally secured Rights as set forth by the Constitution of the State of Pennsylvania.
(b) Counsel failed to preserve meritorous [sic] issues for Appellate Review.

(Appellant’s pro se PCHA petition at 3)

The remaining errors alleged by the appellant concerned assertions that the Commonwealth encroached upon his right to appeal, its use of perjured testimony, inadmissible hearsay and an inculpatory statement in proving its case at trial. Id. Additionally, at appellant’s request, (private) counsel was appointed and filed an amended PCHA petition, which represented in relevant part that:

9. Your petitioner is entitled and is eligible for relief in that:
(c) His convictions and sentence are as a result of the following:
(1) A confession was introduced at the trial of this case despite its being unlawfully and illegally secured from the petitioner in that he had never before been arrested and was unfamiliar with the criminal justice system. Further, he was born and raised in Puerto Rico and resided in Philadelphia, Pennsylvania for a short length of time and spoke absolutely no English and could not read or write English. Further, the interpreter used by the interrogating homicide detective at 8th and Ract [sic] Streets was an uneducated Philadelphia Policeman who was ineffective and was not a competent and professional interpreter and was neither learned nor an expert in interpreting. Further, professional, experienced and educated interpreters were readily available upon request of the Police Department. Further, considering the size of the Spanish community in Philadelphia, a professional, experienced and educated interpreter should be available at all times in situations analogous to the instant one. Con[119]*119sequently, the confession obtained from your petition was done so in deregation [sic] of his due process and constitutional rights;
(2) Your petitioner did not knowingly and intelligently waive his right to a trial by jury;
(3) The “interpreter’s” translation during the interrogation of petitioner to the interrogating detective who repeats same was hearsay;
(4) A mistrial should have been moved for by counsel and granted where the Assistant District Attorney accused petitioner of tampering with a witness and so informed the trial judge and a request was made for revocation of petitioner’s bail; all of which prejudiced and biased the fact finder;
(5) The trial judge failed to comply with Rule 1123 of the Rules of Criminal Procedure; and
(6) Your petitioner was represented at the pre-trial, trial and post-trial proceedings in this matter by ineffective counsel in that:
(a) Said counsel failed to raise the specific issues that are stated above as well as others that occurred during all proceedings;
(b) Counsel neglected to effectively and competently advise petitioner as to what a waiver of a jury trial meant taking into account petitioner’s background, intelligence, ethnic origin, lack of ability to communicate in an English speaking system and the nature of the charges; and
(c) Counsel failed to file specific issues in his post-verdict motions; inter alia, those as stated above as well as others that arose during the proceedings. This in spite of the law’s requiring him to do so less his client be deemed to have waived them.
10.....
11. Present counsel will present testimony from petitioner, trial counsel, etc.
12. ...
[120]*12013. The matters alluded to above resulting in petitioner’s conviction and sentence have neither been finally litigated nor waived.

(Record No. D-10)

Thereafter, appointed counsel submitted a supplemental PCHA petition amending paragraph (1), section (c) of Point 9, supra, to complain that the police interpreter “was not a neutral and impartial third party.” (Record No. D-12)

Before the commencement of the PCHA hearing, presided over by the Honorable Edward J. Blake, an official court interpreter (Luisa Ramirez) employed by the Court of Common Pleas of Philadelphia County was sworn in to keep appellant apprised of what was occurring at the proceedings.1

The first witness to take the stand was Frank Rivera, an official interpreter (Spanish to English) for the court. He stated that in his Alk years as an interpreter, he was aware of interpreters being present at the earliest stage of the judicial process, e.g., summary proceedings and preliminary hearings, up to and including the time set for sentencing. However, he had “never been asked” to be at an interrogation. (N.T.

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Commonwealth v. Carrillo
465 A.2d 1256 (Supreme Court of Pennsylvania, 1983)

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Bluebook (online)
465 A.2d 1256, 319 Pa. Super. 115, 1983 Pa. Super. LEXIS 3919, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-carrillo-pa-1983.