Commonwealth v. Casey

2 Pa. D. & C.5th 187
CourtPennsylvania Court of Common Pleas, Adams County
DecidedOctober 19, 2007
Docketnos. CP-01-CR-372-2003, CP-01-CR-432-2001, CP-01-CR-895 through 910-2000
StatusPublished

This text of 2 Pa. D. & C.5th 187 (Commonwealth v. Casey) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Adams County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Casey, 2 Pa. D. & C.5th 187 (Pa. Super. Ct. 2007).

Opinion

GEORGE, J.,

The defendant, Monica Y. Casey, appeals from this court’s denial of her PCRA petition on July 30, 2007. Casey challenges this court’s finding that her December 27,2005 acknowledgement of violating the conditions of her sentences of intermediate punishment was knowingly and voluntarily entered.1 Casey also challenges this court’s determination that she was not denied effective assistance of counsel based upon a claim of counsel providing misinformation to her.

The history of this matter involves a significant number of separate cases involving numerous proceedings. Although having a prior criminal record for conviction of theft by unlawful taking in Lancaster County, Casey’s involvement with the Adams County Court of Common [189]*189Pleas did not begin until in 2000 when she was charged with a variety of misdemeanors of the first degree. On January 5,2001, she pled guilty to 17 separate counts of bad checks as a misdemeanor of the first degree. She also pled guilty to a count of theft by deception as a misdemeanor of the first degree. Shortly thereafter, on August 13, 2001, she pled nolo contendere to two counts of aggravated assault as felonies of the second degree. On the theft by deception conviction, Casey was sentenced to one to two years in a state correctional institution. On the 17 convictions for bad checks, Casey was sentenced to four years of intermediate punishment to run concurrently with each other, however, the four years were to be served consecutively to the sentence imposed for the theft by deception conviction. All of the intermediate punishment was ordered to be served on probationary phases III through V. On the aggravated assault convictions, former President Judge Oscar Spicer sentenced Casey under the mitigated guidelines to five years of intermediate punishment, all of which was to be served on probationary phases and run concurrent to Casey’s other sentences.

On March 21, 2003, Casey admitted violating the conditions of her sentences. The violations included, among other things, the commission of additional criminal offenses. She was re-sentenced by President Judge John Kuhn to aggregate, concurrent sentences of 60 months of intermediate punishment with 90 days on phase I (partial confinement). Additionally, on August 11, 2003, she entered a guilty plea to theft by deception as a misdemeanor of the first degree and on December 22, 2003, she entered guilty pleas to nine additional [190]*190charges of writing bad checks, three of which were misdemeanors of the first degree and the six others being misdemeanors of the second degree. On each of the convictions, Casey was sentenced to sentences of intermediate punishment by President Judge John Kuhn which ran concurrent to the sentences imposed as a result of the March 21, 2003 revocation.

On April 13,2005, Casey pled guilty to possession of drug paraphernalia in York County. On that same date, she entered guilty pleas to 11 charges of theft, one charge of false identification to a police officer and one count of false impersonation. Guilty pleas resulted in a revocation proceeding held before this court on December 27, 2005 at which time Casey acknowledged violating the conditions of her supervision. Sentencing occurred on March 17, 2006 at which time Casey was sentenced to the aggregate sentence of four and a half to 10 years. At the time of sentencing, Casey was advised that the reasons for the sentence included Casey’s failure to take advantage of rehabilitative efforts by local authorities as well as the court’s concern for the protection of the community, taking into account her numerous criminal offenses committed subsequent to the original sentences in this matter.

Undoubtedly, PCRA relief is available following a revocation proceeding which resulted in a new sentence being imposed. Commonwealth v. Ballard, 814 A.2d 1242, 1244 (Pa. Super. 2003). One seeking post conviction relief on the basis of an alleged unknowing or involuntary admission bears the burden of proving by a preponderance of the evidence that the admission was involuntary and unknowingly entered. Commonwealth [191]*191v. Carter, 318 Pa. Super. 252, 264, 464 A.2d 1327, 1334 (1983). Instantly, Casey challenges the voluntariness of her admission of violations of intermediate punishment claiming that plea counsel advised her, prior to the admissions, that she would receive concurrent sentences. At hearing, however, Casey failed to present any testimony in support of this claim. Perhaps the reason that evidence was lacking in this regard is because the claim is refuted by the record. Prior to her December 27,2005 acknowledgement, the court advised Casey of the following:

“Ms. Casey, you have an absolute right to a hearing in this matter. At that hearing the Commonwealth would be required to prove by a preponderance of the evidence that you violated the conditions of your intermediate punishment. If they are able to do so, you may be revoked and re-sentenced.
“You are serving a number of different sentences at this point. It appears you are serving 22 misdemeanors of the first degree, sentences on convictions for misdemeanors of the first degree, and two sentences on convictions for felonies of the second degree.
“If you are revoked from the intermediate punishment, you may be re-sentenced on each of those cases. The misdemeanors of the first degree carry with them maximum sentences of five years in jail and maximum fines of $10,000. The felonies of the second degree carry maximum sentences of 10 years in jail and fines up to $25,000.
“If those sentences are all run consecutive, by consecutive I mean following each other, that means that [192]*192your supervision or your sentence may total 130 years and fines up to $170,000.” Transcript of proceedings of December 27, 2005, pp. 4-5.

Later, during that same colloquy, the court inquired as follows:

“The Court: Have you had enough time to talk to Ms. Rice about your decision to acknowledge today?
“The Defendant: Yes.
“The Court: Is there anything you wanted her to do on your behalf which she has not done?
“The Defendant: No.
“The Court: Are you satisfied with her representation?
“The Defendant: Yes.
“The Court: Are you making these admissions of your own free will, ma’am?
“The Defendant: Yes.
“The Court: Has anybody promised you anything in exchange for these admissions?
“The Defendant: No.
“The Court: Has anybody threatened you in any way to acknowledge the violations?
“The Defendant: No.
“The Court: Anybody promised you or threatened you in any way to give up your right to a hearing?
“The Defendant: No.
[193]

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Related

Commonwealth v. Carter
464 A.2d 1327 (Supreme Court of Pennsylvania, 1983)
Commonwealth v. Ballard
814 A.2d 1242 (Superior Court of Pennsylvania, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
2 Pa. D. & C.5th 187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-casey-pactcompladams-2007.