Commonwealth v. Cooke

Superior Court of Pennsylvania

Commonwealth v. Cooke

368 A.2d 741, 244 Pa. Super. 320, 1976 Pa. Super. LEXIS 2212

CourtSuperior Court of Pennsylvania

DecidedDecember 15, 1976

Docket960

StatusPublished

Cited by6 cases

This text of 368 A.2d 741 (Commonwealth v. Cooke) 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

Commonwealth v. Cooke, 368 A.2d 741, 244 Pa. Super. 320, 1976 Pa. Super. LEXIS 2212 (Pa. Ct. App. 1976).

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Opinion

*321 VAN der VOORT, Judge:

The appellant, David Joseph Cooke, files the instant direct appeal following his guilty plea to a charge of burglary. The guilty plea was made at trial on December 10, 1975. On December 30, 1975, appellant was sentenced and on January 30, 1976 he filed the instant direct appeal to our Court.

The sole argument on this direct appeal is that the colloquy conducted by the court was insufficient to establish a knowing and intelligent guilty plea by appellant. The appellant never preceded this appeal by the filing of a petition to withdraw his guilty plea nor by any other post-trial motions before our lower court. He neglected such required steps despite the clear advance notice in appellate cases that such action was necessary to adequately preserve guilty plea claims for appellate review on direct appeal. See Commonwealth v. Lee, 460 Pa. 324, 327, 333 A.2d 749, 750 (filed March 18, 1975) and Commonwealth v. Roberts, 237 Pa.Super. 336, 352 A.2d 140 (filed December 1, 1975). Under such circumstances, appellant must be deemed to have waived his right to raise issues associated with the challenge to his guilty plea. See Commonwealth v. McCusker, 245 Pa.Super. -, 369 A.2d 465 (1976).

Affirmed.

CERCONE and SPAETH, JJ., dissent.

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*321 VAN der VOORT, Judge:

The appellant, David Joseph Cooke, files the instant direct appeal following his guilty plea to a charge of burglary. The guilty plea was made at trial on December 10, 1975. On December 30, 1975, appellant was sentenced and on January 30, 1976 he filed the instant direct appeal to our Court.

The sole argument on this direct appeal is that the colloquy conducted by the court was insufficient to establish a knowing and intelligent guilty plea by appellant. The appellant never preceded this appeal by the filing of a petition to withdraw his guilty plea nor by any other post-trial motions before our lower court. He neglected such required steps despite the clear advance notice in appellate cases that such action was necessary to adequately preserve guilty plea claims for appellate review on direct appeal. See Commonwealth v. Lee, 460 Pa. 324, 327, 333 A.2d 749, 750 (filed March 18, 1975) and Commonwealth v. Roberts, 237 Pa.Super. 336, 352 A.2d 140 (filed December 1, 1975). Under such circumstances, appellant must be deemed to have waived his right to raise issues associated with the challenge to his guilty plea. See Commonwealth v. McCusker, 245 Pa.Super. -, 369 A.2d 465 (1976).

Affirmed.

CERCONE and SPAETH, JJ., dissent.

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Bluebook (online)

368 A.2d 741, 244 Pa. Super. 320, 1976 Pa. Super. LEXIS 2212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-cooke-pasuperct-1976.

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