Commonwealth v. Norton, M., Aplt.

201 A.3d 112
Supreme Court of Pennsylvania·Decided January 23, 2019·No. 53 MAP 2017·Published·Cited by 122 cases

Opinions

JUSTICE BAER

In Commonwealth v. Carrasquillo , 631 Pa. 692, 115 A.3d 1284 (2015), this Court dispelled the notion that a defendant's bare assertion of innocence requires a trial court to grant the defendant's presentence motion to withdraw his guilty plea. Instead, the Carrasquillo Court held that, in the context of such a motion, "a defendant's innocence claim must be at least plausible to demonstrate, in and of itself, a fair and just reason for presentence withdrawal of a plea." Carrasquillo , 115 A.3d at 1292. In the matter sub judice , a trial court utilized this standard in denying a presentence motion to withdraw a plea of nolo contendere ,1 and the Superior Court concluded that the trial court did not abuse its discretion in this regard. This Court granted allowance of appeal to assess whether the Superior Court erred by holding that the trial court properly exercised its discretion in applying the Carrasquillo standard. We hold that the Superior Court correctly concluded that the trial court acted within its discretion by denying the presentence motion to withdraw a plea of nolo contendere . Consequently, we affirm the Superior Court's judgment.

The relevant background underlying this matter can be summarized as follows. In December of 2012, a criminal complaint was filed against Appellant Michael Norton ("Appellant"), charging him with five counts of indecent assault and one count of corruption of minors. According to the complaint and the accompanying affidavit of probable cause, on at least five occasions from September of 2008 through April of 2012, Appellant sexually abused his paramour's granddaughter ("Victim"), born in September of 2004.

On February 27, 2013, a preliminary hearing occurred, where Victim and Corporal James Travis of the Pennsylvania State Police testified. Following that hearing, the magisterial district judge dismissed *115three counts of indecent assault but bound over for trial the remaining charges. The district judge's decision was based upon his observation that Victim testified specifically to only two alleged incidents of abuse. N.T., 10/15/2013, Exhibit 1, at 21.

On August 7, 2013, Appellant filed an omnibus pretrial motion in which he sought an order precluding the Commonwealth from presenting at trial evidence regarding sexual abuse Appellant allegedly inflicted upon his now-adult daughter ("Daughter") when Daughter was a child in the late 1980s and early 1990s. That evidence included a 1996 statement signed by Appellant in which he admitted to abusing Daughter sexually.2 On October 15, 2013, the trial court held a hearing on Appellant's pretrial motion, at which Daughter testified regarding the abuse Appellant allegedly perpetrated upon her. The court ultimately denied Appellant's motion, concluding that the complained-of evidence was admissible as prior bad acts.

On November 7, 2014, trial was scheduled to commence for purposes of jury selection. However, on that date, the parties informed the trial court that they had reached an agreement. Specifically, Appellant agreed to plead nolo contendere to one count each of indecent assault and corruption of a minor in exchange for an aggregate term of imprisonment of two to six years. In the presence of the court, Appellant's attorney conducted a plea colloquy, which was supplemented by questioning by the district attorney regarding the fact that Appellant's plea would require him to be assessed for purposes of determining whether he should be classified as a sexually violent predator. The parties also submitted to the court Appellant's written plea colloquy.

The trial court accepted the plea agreement, ordered Appellant to be assessed by the Sexual Offenders Assessment Board ("SOAB"), and tentatively scheduled sentencing for February 13, 2015. However, on the Commonwealth's motion, sentencing was later rescheduled for May 7, 2015.

On March 23, 2015, Appellant filed a motion to withdraw his nolo contendere plea. In that motion, Appellant asserted his innocence and proclaimed that he could not live with himself for taking a plea under the circumstances. The trial court held a hearing concerning this motion on April 30, 2015. At that hearing, Appellant reiterated that he wanted to withdraw his plea because he was innocent of the crimes to which he pleaded nolo contendere and because he could not live with himself for entering his plea.

At that time, the prevailing law in the Commonwealth required a trial court to grant a presentence motion to withdraw a guilty plea when withdrawal of the plea was based upon a defendant's bare assertion of innocence. See, e.g. , Commonwealth v. Carrasquillo , 78 A.3d 1120 (Pa. Super. 2013) (en banc ), rev'd by Carrasquillo , supra . Consistent with this case law, the trial court granted Appellant's motion on May 29, 2015, and allowed him to withdraw his plea. However, in its order, the court noted that this Court had granted allowance of appeal to review the Superior Court's decisions in Carrasquillo and Commonwealth v. Hvizda , 82 A.3d 470 (Pa. Super. 2013) (unpublished memorandum), rev'd by Commonwealth v. Hvizda , 632 Pa. 3, 116 A.3d 1103 (2015), both of which involved the standard a trial court should apply when a defendant seeks to withdraw a guilty plea presentence based upon a claim of innocence.

*116On June 5, 2015, this Court decided Carrasquillo and Hvizda , employing Carrasquillo as the lead opinion. In examining whether a defendant's bare assertion of innocence requires a court to allow a defendant to withdraw a guilty plea presentence, the Carrasquillo Court observed that this Court's seminal decision in Commonwealth v. Forbes , 450 Pa. 185, 299 A.2d 268

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Commonwealth v. Norton, M., Aplt., 201 A.3d 112 (Pa. 2019).

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