Commonwealth v. Delgros, E., Aplt.

183 A.3d 352
Supreme Court of Pennsylvania·Decided April 26, 2018·No. 27 WAP 2017·Published·Cited by 135 cases

Opinions

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.

OPINION

JUSTICE BAER

We granted allowance of appeal to determine whether a defendant, who is ineligible for statutory collateral review because he was sentenced to pay a fine without incarceration or probation, may obtain review of ineffective assistance of counsel claims presented in post-sentence motions filed in the trial court. The lower courts held that Edward Stephen Delgros ("Appellant") could not obtain review of his ineffectiveness claims because he failed to satisfy any of the exceptions to this Court's general rule deferring such claims to collateral review under the Post Conviction Relief Act ("PCRA"), 42 Pa.C.S. § 9541 et seq. For the reasons set forth infra , we adopt a new exception to the general deferral rule, requiring trial courts to examine ineffectiveness claims when the defendant is ineligible for PCRA review. Accordingly, we vacate the Superior Court's judgment and remand to the trial court for consideration of Appellant's post-sentence claims of ineffective assistance of counsel.

I. Background

The record establishes that in June of 2001, Appellant hired Robert Croyle to install a double-wide mobile home on his property. Croyle purchased two I-beams, described as being lightweight magnesium and more than twenty feet long, for $1,400.00 each and employed them to move the double-wide into position. Croyle left the I-beams and other materials on Appellant's property, intending to pick them up at a later time. When Croyle returned, his materials were not at the site, and Appellant denied knowledge of their whereabouts. Croyle reported the I-beams missing to the Hermitage Police Department.

*354When Deputy Chief Eric Jewel questioned Appellant about the I-beams, he reiterated that he did not know where they had gone. With Appellant's authorization, Deputy Chief Jewel searched the premises to no avail.

Several months later, Appellant told his father that he had Croyle's I-beams and asked for his father's assistance in hiding them in the woods. Five to seven years thereafter, Appellant and his father used the I-beams to build a porch onto Appellant's house. In April of 2014, Hermitage police received a report that the I-beams were on Appellant's property. Appellant's father subsequently told Deputy Chief Jewel that Appellant had used Croyle's I-beams in the construction of his porch.

Deputy Chief Jewel went to Appellant's residence and saw the I-beams supporting the porch roof in plain view. After obtaining a warrant, photographs and samples of the I-beams were taken, which indicated that the beams were made of aluminum. When Croyle was asked about his prior claim that the missing beams were made of magnesium, he explained that he thought the beams were magnesium, but that they could have been aluminum. Based on holes present in the I-beams, however, Croyle identified the I-beams photographed in Appellant's porch as being those that went missing years earlier.

Appellant was thereafter charged with the third degree felony of receiving stolen property. Following a jury trial, Appellant was convicted of this offense and was sentenced to pay restitution in the amount of $2,800.00, and a fine of $15,000.00. Appellant obtained new counsel and filed post-sentence motions seeking a new trial and/or arrest of judgment, raising the following contentions: (1) the prosecution was barred by the applicable statute of limitations; (2) the evidence was insufficient to support his conviction; (3) the verdict was against the weight of the evidence; (4) trial counsel was ineffective for failing to introduce evidence regarding the value of the I-beams for purposes of lowering the grade of the offense; and (5) trial counsel was ineffective for failing to seek suppression of the search warrant. Appellant requested an evidentiary hearing on the ineffectiveness claims.

The trial court granted oral argument and ordered briefing on the questions presented in the post-sentence motions. Thereafter, the trial court rejected Appellant's first three substantive claims on their merits. As to the remaining two claims, alleging trial counsel's ineffectiveness, the trial court denied Appellant's request for an evidentiary hearing. The court held that Appellant was not entitled to relief because the assertions of ineffectiveness constituted collateral claims that could only be raised pursuant to the PCRA. Trial Court Opinion at 7. The court reasoned that the PCRA requires a petitioner to be "currently serving a sentence of imprisonment, probation or parole for the crime" at the time relief is granted, 42 Pa.C.S. § 9543(a)(1)(i), and that Appellant was never incarcerated, on probation, or on parole as he was sentenced only to pay a fine.1 Trial Court Opinion at 7 (citing *355Commonwealth v. Fisher , 703 A.2d 714 (Pa. Super. 1997) (holding that Subsection 9543(a)'s eligibility requirement of current incarceration, probation or parole precludes PCRA relief for those petitioners who were sentenced only to pay a fine) ).

On appeal to Superior Court, Appellant contended, inter alia , that the trial court erred by declining to entertain his ineffective assistance of counsel claims. Appellant argued that while this Court in Commonwealth v. Grant , 572 Pa. 48, 813 A.2d 726, 738 (2002), set forth a general rule deferring ineffective assistance of counsel claims to collateral review under the PCRA, we created exceptions to that rule permitting ineffectiveness claims to be presented in post-sentence motions and on direct appeal under limited circumstances. See Commonwealth v. Holmes , 621 Pa. 595, 79 A.3d 562, 563-64 (2013) (holding that a trial court retained discretion to entertain ineffectiveness claims on post-verdict motions and direct appeal where: (1) the claim of ineffectiveness is apparent from the record and meritorious to the extent that immediate consideration best serves the interests of justice; or (2) where there is good cause shown and the defendant knowingly and expressly waives his entitlement to seek subsequent PCRA review from his conviction and sentence). Appellant argued that he was entitled to review of his ineffectiveness claims under both of the Holmes' exceptions. He further maintained that, absent the opportunity to challenge his trial counsel's stewardship in post-sentence motions, he would be denied the opportunity to litigate his Sixth Amendment right to competent representation at trial, thereby depriving him of due process.

The Superior Court affirmed Appellant's judgment of sentence in a memorandum opinion rejecting,

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Commonwealth v. Delgros, E., Aplt., 183 A.3d 352 (Pa. 2018).

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