Commonwealth v. Martinez

453 A.2d 940, 499 Pa. 417, 1982 Pa. LEXIS 666
Supreme Court of Pennsylvania·Decided December 20, 1982·No. 80-3-823·Published·Cited by 44 cases

Opinions

OPINION OF THE COURT

FLAHERTY, Justice.

Appellant, Robert Martinez, and his co-defendant were charged with murder of the first degree, robbery and conspiracy in the beating death of John Charles Kenvin. A negotiated plea bargain resulted in a change of plea to guilty of murder of the third degree and robbery. The conspiracy charge was nol prossed and appellant was sentenced on June 27,1979 in accordance with the plea bargain, ten to twenty years for murder of the third degree and ten to twenty years for robbery to run concurrent with the murder sentence. The plea bargain left to the court the decision whether the robbery sentence should run concurrent with or consecutive to the murder sentence.

This is an appeal from the denial of a hearing on appellant’s petition to withdraw his plea of guilty1 filed August 8, 1979. The record establishes that no recitation of the elements of the crimes or explanation of malice as an element of murder of the third degree was made during the plea colloquy as mandated by Commonwealth v. Ingram, 455 Pa. 198, 816 A.2d 77 (1974). However, we do not deem this oversight to be fatal on the record, as the circumstances surrounding the plea bespeak a voluntary and intelligent plea.

We addressed a similar case in our recent opinion in Commonwealth v. Shaffer, 498 Pa. 842, 446 A.2d 591 (1982) [420] (herein Shaffer). In Shaffer, we emphasized that while lack of knowledge of the charges constitutes “manifest injustice” requiring withdrawal of the plea even after sentencing, Shaffer at 593, n. 2, an esoteric explanation of the elements of the crime is not necessarily a prerequisite to constitutional validity of a guilty plea in all circumstances. The “true constitutional imperative is that the defendant receive ‘real notice of the true nature of the charge against him, the first and most universally recognized requirement of due process.’ ” Shaffer at 595, quoting Henderson v. Morgan, 426 U.S. 637, 645, 96 S.Ct. 2253, 2257-58, 49 L.Ed.2d 108, 114 (1976). Whether notice has been adequately imparted may be determined from the totality of the circumstances attendant upon the plea, Shaffer at 595, see also Commonwealth v. Morales, 452 Pa. 53, 305 A.2d 11 (1973), Commonwealth ex rel. West v. Rundle, 428 Pa. 102, 237 A.2d 196 (1968). Therefore, in addressing appellant’s claim of manifest injustice requiring withdrawal of the plea, Commonwealth v. Starr, 450 Pa. 485, 490, 301 A.2d 592, 595 (1973) we will review all circumstances surrounding the entry of the plea.

A lengthy colloquy took place which included but was not limited to: the age and educational background of the defendants; whether defendants were under the influence of alcohol or drugs; the rights waived by pleading guilty including the presumption of innocence, the right to a jury trial by members of the community and the need for a unanimous verdict; the factual basis for the plea; the nature of the charges; the terms of the plea bargain agreement and the permissible range of sentences; the defenses and motions waived by pleading guilty and grounds for appeal. The appellant was repeatedly reminded that only if he were entering the plea voluntarily could the plea be accepted by the court, and that he was free to change his mind up until the court actually accepted the plea without suffering recriminations.

During the colloquy this specific exchange established the charges in question and the factual basis for the charges:

[421] THE COURT: You’re both charged with on January 16, 1979, that you did cause serious bodily injury to John Charles Kenvin and that you did take his life, for you are charged with Murder.
[Asst. District Attorney]: Your honor, the information charges Murder, which the Commonwealth has certified will rise no higher than third degree from the facts that on the early morning hours of January 16, 1979, near White Haven, Pennsylvania, in Glen Oakes Section, the Defendants caused the death of the victim, John Charles Kenvin, by beating him and, in addition, the robbery charge is because the Defendants took a wallet and watch from the victim.
THE COURT: Gentlemen, those are the offenses to which you want to plead guilty. Do you understand those, are there any questions about the nature of those charges, . . .?
THE COURT: Mr. Martinez?
DEFENDANT MARTINEZ: No, sir.

Evidence taken by the court in the presence of appellant during the guilty plea proceeding established the following. The victim died as a result of severe head injuries caused by repeated forceful blows to the head with a blunt object. He was found at his family’s cottage at Glen Oakes, a development near White Haven, Pennsylvania and was pronounced dead at a local hospital. The victim customarily carried a wallet and wore a gold-colored wristwatch which were never recovered. He was reputed to be a homosexual known in the area as “Uncle Tim” who had a habit of cruising in his car and picking up young men. Latent thumb prints of each of the defendants was found on the passenger side door of the victim’s car.

The beating occurred between 4:00 A.M. and 8:00 A.M. on January 16, 1979. A man traveling to work at about 6:15 A.M. that morning picked up the co-defendants on the [422] highway in the crime vicinity and gave them a ride to Hazelton where they resided.

The defendants, each age 17 at the time of the crime, admitted the beating to two young girls who were each dating one of the defendants. Both testified that appellant’s co-defendant said they killed a man, appellant adding that they did it by hitting him over the head. Appellant later showed a gold-colored watch, indicating it was “Uncle Tim’s” and that they “did it” for money. Appellant’s co-defendant also gave a statement to police admitting the crime and implicating appellant.

In a case where ample, competent evidence in support of a guilty plea is made a matter of record, allegations of manifest injustice arising from the guilty plea must go beyond a mere claim of lack of technical recitation of the legal elements of the crimes. Shaffer at 596, Cf. Commonwealth v. Morales, 452 Pa. 58, 305 A.2d 11 (1973).

Here, detailed testimony by a forensic pathologist was given in the presence of the defendant2 regarding the nature of the wounds inflicted.

Examination of the body at that time showed multiple head injuries, so I directed the body to be taken to the morgue and proceeded with the plans to do an autopsy and notify all appropriate law enforcement agencies.

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Commonwealth v. Martinez, 453 A.2d 940, 499 Pa. 417, 1982 Pa. LEXIS 666 (Pa. 1982).

453 A.2d 940 (Commonwealth v. Martinez) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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