Commonwealth v. Keene

30 Pa. D. & C.4th 232, 1996 Pa. Dist. & Cnty. Dec. LEXIS 338
CourtPennsylvania Court of Common Pleas, Lehigh County
DecidedFebruary 8, 1996
Docketno. 2920/1994
StatusPublished

This text of 30 Pa. D. & C.4th 232 (Commonwealth v. Keene) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lehigh County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Keene, 30 Pa. D. & C.4th 232, 1996 Pa. Dist. & Cnty. Dec. LEXIS 338 (Pa. Super. Ct. 1996).

Opinion

McGINLEY, J.,

— Before the court is the defendant’s motion to withdraw guilty plea. After a hearing and for the reasons expressed below, we deny the defendant’s motion. Based upon the record before us, we make the following findings of fact:1

The defendant, Christopher L. Keene, and his co-defendant and fiancee, Paula Miller, were arrested on [234]*234September 6, 1994, and each charged with two counts of possession with intent to deliver a controlled substance,2 two counts of possession of a controlled substance,3 two counts of criminal conspiracy,4 and possession of drug paraphernalia.5 On June 12, 1995, pursuant to a plea agreement with the Commonwealth, the defendant pled guilty to possession with intent to deliver methamphetamine.6 In return, the Commonwealth agreed not to seek the mandatory minimum sentence for the charge and to withdraw the remaining counts against the defendant. On the same date, Ms. Miller pled guilty to possession of methamphetamine.7

Prior to entering their pleas, Mr. Keene and Ms. Miller each completed and signed an extensive written colloquy form. In addition, the trial court conducted an on-the-record colloquy of each defendant questioning whether they understood the constitutional rights they were waiving by pleading guilty. This court concluded that the pleas were “tendered knowingly and voluntarily. ” (N.T. 6/12/95 p. 9.)

Both Mr. Keene and Ms. Miller were scheduled to be sentenced on July 25, 1995. On that date, Ms. Miller was sentenced to 12 months probation; however Mr. Keene’s sentencing was continued to September 1,1995, pursuant to the defendant’s request. Until August of 1995, Attorney John Waldron represented both Mr. Keene and Ms. Miller. On August 25, 1995, the de[235]*235fendant, through new counsel, filed a motion to withdraw his guilty plea. A hearing on the motion was held September 1, 1995.8

The defendant offers three reasons in support of his motion to withdraw his guilty plea. First, the defendant claims that he is innocent of trafficking or intent to traffic in methamphetamine. Second, the defendant claims he pled guilty, at the suggestion of Attorney Waldron, as an accommodation to his fiancee and co-conspirator, Ms. Miller. Third, the defendant alleges that he was denied effective representation of counsel because Attorney Waldron had a conflict of interest in representing both the defendant and Ms. Miller simultaneously.

DISCUSSION

Pennsylvania Rule of Criminal Procedure 320 provides that “[a]t any time before sentence, the court may, in its discretion, permit or direct a plea of guilty to be withdrawn and a plea of not guilty substituted. ” Pa.R.Crim.P. 320, 42 Pa.C.S. While there is no absolute right to withdraw a guilty plea, Commonwealth v. Iseley, 419 Pa. Super. 364, 371, 615 A.2d 408, 412 (1992), alloc. denied, 534 Pa. 653, 627 A.2d 730 (1993), a pre-sentence request to withdraw a plea should be liberally allowed. Commonwealth v. Forbes, 450 Pa. 185, 190, 299 A.2d 268, 271 (1973); Commonwealth v. Turiano, 411 Pa. Super. 391, 396, 601 A.2d 846, 849 (1992), alloc. denied, 531 Pa. 654, 613 A.2d 559 (1992). The standard for determining whether a defendant can withdraw a guilty plea before sentencing is well-established. The court has discretion to allow the defendant to with[236]*236draw his plea for any fair and just reason, unless the prosecution has been substantially prejudiced by reliance on the plea. Commonwealth v. Anthony, 504 Pa. 551, 561, 475 A.2d 1303, 1308-1309 (1984); Forbes, supra at 191, 299 A.2d at 271.

We begin by considering whether the defendant has asserted a “fair and just” reason to withdrawal his guilty plea. The defendant’s first contention is that he is innocent of trafficking or intention to traffic in methamphetamine because the methamphetamine found by the police was intended for personal use only. A defendant’s assertion of innocence may constitute a fair and just reason for withdrawal of a guilty plea prior to sentencing. Commonwealth v. Cole, 387 Pa. Super. 328, 333, 564 A.2d 203, 205 (1989). However, the court may reject such an assertion when it is inconsistent with statements made at the guilty plea hearing. See Commonwealth v. Boatwright, 404 Pa. Super. 75, 84, 590 A.2d 15, 20 (1991). A defendant who chooses to plead guilty “has a duty to answer questions truthfully” and “will not be permitted to postpone the final disposition of his case by lying to the court concerning his culpability and thereafter withdraw his plea of guilty by contradicting his prior testimony and asserting innocence.” Cole, supra at 335, 564 A.2d at 206.

In the present, case, the defendant admitted during his guilty plea colloquy that on the date in question he was in possession of in excess of two grams of methamphetamine for the purpose of delivering it, or with the intention to deliver it. However, in his motion to withdraw the plea, the defendant claims that the methamphetamine in his possession was only for personal use. If the court permitted withdrawal of the plea, the defendant would be allowed “to make a mockery of the guilty plea hearing process in which [the de[237]*237fendant], after a full and complete colloquy, admitted his guilt.” Id. at 335, 564 A.2d at 206. We conclude that the defendant’s “bald assertion of innocence” at this point in the proceedings does not constitute a fair and just reason for allowing the defendant to withdraw his guilty plea.

The defendant’s second basis for withdrawal of the plea relates to his rationale for entering the plea. The defendant asserts that he only pled guilty as an accommodation to Ms. Miller, because Attorney Waldron suggested that it was “the best way for Ms. Miller to get probation.” (Def. mot. withdraw plea at 2.)

Before accepting a plea of guilty, the judge must determine that “the plea is voluntarily and understandingly tendered.” Pa.R.Crim.P. 319(a), 42 Pa.C.S. A defendant does not have to “be pleased with the outcome of his decision to enter a plea of guilty[;]” it is only required that the plea be made knowingly, voluntarily and intelligently. Commonwealth v. Myers, 434 Pa. Super. 221, 225-26, 642 A.2d 1103, 1105(1994). In the instant case, the defendant stated, during written and oral colloquies, that he understood the following: that he would be giving up certain rights by entering a guilty plea; that his plea could be considered a parole violation; and that the court had discretion in sentencing the defendant. Based on the defendant’s responses to these colloquies, this court determined that the defendant’s plea was tendered knowingly and voluntarily.

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Related

Cuyler v. Sullivan
446 U.S. 335 (Supreme Court, 1980)
Commonwealth v. Cole
564 A.2d 203 (Supreme Court of Pennsylvania, 1989)
Commonwealth v. Joyner
414 A.2d 1003 (Supreme Court of Pennsylvania, 1980)
Commonwealth v. Breaker
318 A.2d 354 (Supreme Court of Pennsylvania, 1974)
Commonwealth v. Buehl
508 A.2d 1167 (Supreme Court of Pennsylvania, 1986)
Commonwealth v. Toro
638 A.2d 991 (Superior Court of Pennsylvania, 1994)
Commonwealth v. Douglas
645 A.2d 226 (Supreme Court of Pennsylvania, 1994)
Commonwealth v. Iseley
615 A.2d 408 (Superior Court of Pennsylvania, 1992)
Commonwealth v. Pierce
527 A.2d 973 (Supreme Court of Pennsylvania, 1987)
Commonwealth v. Dosch
501 A.2d 667 (Supreme Court of Pennsylvania, 1985)
Commonwealth v. Myers
642 A.2d 1103 (Superior Court of Pennsylvania, 1994)
Commonwealth v. Harris
429 A.2d 685 (Superior Court of Pennsylvania, 1981)
Commonwealth v. Johnson
588 A.2d 1303 (Supreme Court of Pennsylvania, 1991)
Commonwealth v. Anthony
475 A.2d 1303 (Supreme Court of Pennsylvania, 1984)
Commonwealth v. Turiano
601 A.2d 846 (Superior Court of Pennsylvania, 1992)
Commonwealth v. Forbes
299 A.2d 268 (Supreme Court of Pennsylvania, 1973)
In the Interest of Saladin
518 A.2d 1258 (Supreme Court of Pennsylvania, 1986)
Commonwealth v. Boatwright
590 A.2d 15 (Superior Court of Pennsylvania, 1991)
Commonwealth v. Coffey
608 A.2d 560 (Superior Court of Pennsylvania, 1992)

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Bluebook (online)
30 Pa. D. & C.4th 232, 1996 Pa. Dist. & Cnty. Dec. LEXIS 338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-keene-pactcompllehigh-1996.