Commonwealth v. Jackson

569 A.2d 964, 390 Pa. Super. 639, 1990 Pa. Super. LEXIS 312
CourtSupreme Court of Pennsylvania
DecidedFebruary 13, 1990
Docket1590
StatusPublished
Cited by18 cases

This text of 569 A.2d 964 (Commonwealth v. Jackson) 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. Jackson, 569 A.2d 964, 390 Pa. Super. 639, 1990 Pa. Super. LEXIS 312 (Pa. 1990).

Opinion

CERCONE, Judge:

This is an appeal from an order denying appellant’s motion to withdraw his plea of nolo contendere after *642 imposition of sentence. 1 For the reasons that follow, we affirm.

Appellant, Curtis G. Jackson, pled no contest to charges of rape, 2 unlawful restraint 3 and possessing an instrument of crime 4 in connection with an incident that occurred on April 4, 1987. On that date, a woman was abducted and raped at knifepoint in the back seat of a rental automobile. The victim identified appellant as the perpetrator of these crimes. After accepting appellant’s plea, the lower court sentenced him to serve concurrent terms of incarceration of two and one-half (2V2) to five (5) years for unlawful restraint, two and one-half (2V2) to five (5) years for the possession of an instrument of crime, and ten (10) to twenty (20) years on the rape charge. After sentencing, appellant filed a motion to withdraw his plea along with a motion to modify sentence. The lower court denied both motions without a hearing.

Represented by new counsel in the instant timely appeal, appellant presents the following issues for our consideration: (1) whether the lower court committed abuse of discretion by denying, without a hearing, appellant’s motion to withdraw his plea where the court accepted the plea as voluntary, knowing and intelligent even though appellant was under the influence of potentially mind-altering drugs and his judgment may have been impaired; and (2) whether appellant received ineffective assistance of counsel where (a) he could not effectively communicate with trial counsel, and (b) trial counsel failed to file a motion to withdraw appellant’s plea before sentencing.

Appellant first argues that he should have been permitted to withdraw his nolo contendere plea after sen *643 tencing because it was not voluntary, knowing and intelligent as a result of the “potentially mind-altering drugs” he was taking. Withdrawal of a guilty plea after sentencing will only be permitted in this Commonwealth upon a showing of prejudice amounting to manifest injustice. Commonwealth v. Schultz, 505 Pa. 188, 477 A.2d 1328 (1984); Commonwealth v. Vance, 376 Pa.Super. 493, 546 A.2d 632 (1988), allocatur denied, 521 Pa. 620, 557 A.2d 723 (1989); Commonwealth v. Leonhart, 358 Pa.Super. 494, 517 A.2d 1342 (1986), allocatur denied, 515 Pa. 620, 531 A.2d 428 (1987). Such a rule prevents potential abuse of the plea as a sentence testing device. Commonwealth v. Shaffer, 498 Pa. 342, 446 A.2d 591 (1982). A plea rises to the level of manifest injustice when it is entered into involuntarily, without understanding the nature of the charges, without knowledge of the factual basis of the charges, because of threats or coercion, because the prosecutor did not recommend a plea-bargained sentence, because the bargained-for sentence was not imposed, or because an accused proclaims his innocence. Id. An on-the-record inquiry is required to insure that the accused understands the crimes with which he is charged and the rights which are waived. Pa.R. Crim.P., Rule 319(a), 42 Pa.C.S.A.; Commonwealth v. Glaze, 366 Pa.Super. 517, 522, 531 A.2d 796, 798 (1987). As previously stated, appellate review of a nolo contendere plea is the same as for a guilty plea. Commonwealth v. Jackson, supra.

Appellant has not contended that the illness for which he was taking medication made him incompetent to enter a knowing, voluntary and intelligent plea. Rather, he argues that the medication he was taking interfered with his capabilities. The mere fact that a defendant was under medication at the time of his plea does not, of itself, entitle him to withdraw his plea. Commonwealth v. Hazen, 315 Pa.Super. 557, 462 A.2d 732 (1983). In Hazen, a panel of this court found that a sedated patient competently entered his plea where the lower court stated he showed no signs of being influenced by medication at the plea hearing, and *644 where the colloquy transcript showed he cogently answered each question addressed to him. Id., 315 Pa.Superior Ct. at 563, 462 A.2d at 735.

Our inspection of the plea hearing transcript reveals that the trial court was completely informed regarding the nature of appellant’s alleged illness or condition. The trial court explicitly discussed the prescription drugs appellant was taking at the time he entered his plea. Appellant stated that he had no problems understanding the trial judge. At no time during the colloquy did appellant give any indication that he failed to understand the court’s explanation of the rights he was waiving by entering a nolo plea, nor does the record indicate that appellant was unable to follow the proceedings. Rather, appellant consistently responded in an appropriate manner to all questions posed by the lower court. We note that appellant has not pointed to a specific matter which he did not understand and which would have caused him to assert his right to a trial. Further, it is clear from the transcript that the trial judge was convinced appellant’s plea was valid. Appellánt simply has not demonstrated that a manifest injustice has occurred in the instant case. We therefore affirm on this issue.

Appellant next alleges that he received ineffective assistance of counsel because he was not able to effectively communicate with trial counsel, and because trial counsel never filed a motion to withdraw appellant’s plea. The burden of establishing ineffective assistance of counsel rests upon the appellant because counsel’s stewardship is presumed to be effective. Commonwealth v. McNeil, 506 Pa. 607, 487 A.2d 802 (1985); Commonwealth v. Smith, 380 Pa.Super. 619, 552 A.2d 1053 (1988). Appellant’s obligation is to demonstrate both that “the omission or commission by counsel was arguably ineffective and the likelihood that he was prejudiced as a result.” Commonwealth v. Pierce, 515 Pa. 153, 161, 527 A.2d 973, 976 (1987) (emphasis in original).

The initial inquiry in an ineffectiveness claim is always “whether the issue/argument/tactic which counsel has foregone and which forms the basis for the assertion of *645

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Bluebook (online)
569 A.2d 964, 390 Pa. Super. 639, 1990 Pa. Super. LEXIS 312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-jackson-pa-1990.