Commonwealth v. Parsons

19 Pa. D. & C.5th 13
CourtPennsylvania Court of Common Pleas, Berks County
DecidedDecember 6, 2010
DocketCP-06-CR-3312-2004
StatusPublished

This text of 19 Pa. D. & C.5th 13 (Commonwealth v. Parsons) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Berks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Parsons, 19 Pa. D. & C.5th 13 (Pa. Super. Ct. 2010).

Opinion

PARISI, J.,

On January 27, 2006, the defendant entered into a negotiated plea bargain stemming from his sexual conduct with an underage victim between January 2002 and April 2003. The defendant and the victim are both mentally challenged. During the period of their sexual relationship, the defendant was 19-20 years old, while the victim was 12-13 years old. The plea was tendered pursuant to an agreement wherein the Commonwealth would dismiss the more serious charge of rape in exchange for the defendant pleading guilty to one count of statutory sexual assault1 and one count of corruption of minors2. In addition to this agreement, the defendant agreed to accept a sentence of six to 23 months incarceration in a county facility, followed by five years of probation. On the record during the guilty plea colloquy, this court questioned the defendant about his understanding of the nature of the charges he was facing, his understanding of the terms of the plea agreement with respect to the charges and sentence, and his understanding of the rights that he was waiving.

After this court considered the responses provided by the defendant and his attorney, the court found that [16]*16the defendant entered into the agreement knowingly, intelligently, and voluntarily. This court accepted the agreement with respect to the charges. This court did not indicate to either party whether it would accept the portion of the plea bargain regarding sentencing.3

The defendant’s attorney, Kevin Feeney, Esquire (trial counsel), subsequently made a request to defer sentencing until after the completion of a PSI. Sentencing was scheduled for April 4, 2006. At the sentencing hearing, trial counsel challenged the sentencing term arguing that this was not a “great plea agreement” for his client with respect to the sentence portion in view of the fact that the victim lied about her age and that six months in prison would strip the defendant of his support system. Trial counsel also presented a psychological report which indicated it was likely that a prison sentence would result in the defendant being victimized given his mental deficiencies. The Commonwealth objected to these remarks and asked this court to impose the sentence agreed upon by the parties. After considering the relevant circumstances, this court imposed a sentence of five years probation for the statutory sexual assault count, including a three-month sentence of electronic monitoring, followed by another five years of probation on the corruption of minors count. The Commonwealth filed a motion to withdraw the plea, which this court denied. The Commonwealth subsequently filed a timely notice of appeal to the Superior Court [17]*17alleging this court failed to sentence the defendant in accordance with the negotiated plea agreement.

On April 9, 2009, the Superior Court ruled that this court’s actions constituted an acceptance of the plea agreement both as to the charges and the specific sentence and that it was error to permit the defendant to lodge an untimely challenge to the sentencing portion of the plea bargain. See Commonwealth v. Parsons, 969 A.2d 1259 (Pa. Super. 2009). The Superior Court remanded the case for imposition of the sentence contained in the parties’ plea bargain. Id. at 1272.

On remand, the defendant filed a motion to withdraw his guilty plea prior to this court imposing the sentence under the original plea bargain pursuant to the Superior Court’s directive. On August 11,2010, an evidentiary hearing was held. This court denied the defendant’s motion on August 25, 2010. On September 17, 2010, the defendant was sentenced in accordance with the plea bargain.4

On October 4, 2010, the defendant filed a post-sentence motion to withdraw his guilty plea which this court subsequently denied.5 The defendant filed the instant appeal on October 15, 2010, wherein he raises the following claims:

1. Whether the court erred in denying the defendant’s request to withdraw his guilty plea by finding that defendant’s plea of guilty was entered knowingly, [18]*18intelligently, and voluntarily?
2. Whether the court erred in not approving simply the voluntariness of the plea itself, but the entirety of a plea agreement and sentence prior to being informed of the actual and relevant circumstances of the case?
3. Whether the court erred in denying the defendant’s request to withdraw his guilty plea where the court informed the defendant that he could withdraw his guilty plea should the court reject the plea agreement and impose a different sentence, which is precisely what happened: the court rejected the plea agreement, imposed a different sentence, and then refused to permit defendant to withdraw his plea?
4. Whether the court erred in denying defendant’s request to withdraw his guilty plea where the equitable circumstances of this unique case require such in the interest of justice, to wit: a mentally retarded young man has been determined by the court system to have, de facto, possessed greater understanding of the nature of the guilty plea and sentence proceedings than the sentencing court and elements of the court system, the prosecutor, or any of defendant’s prior counsel, none of whom are in even remote alignment regarding the legal consequences of the court’s coincident acceptance and rejection of the plea agreement?

Defendant’s concise statement of errors complained of on appeal, 10/27/10.

Before this court addresses the merits of the defendant’s claims that it erred by not permitting him to withdraw his guilty plea, it notes that a lower court must obey the [19]*19directive of an appellate court in proceedings on remand. See Pa. R. A. P. 2591(a); Commonwealth v. McMillan, 545 A.2d 301, 305 (1988). In the present case, the Superior Court specifically directed this court, to impose the sentence contained in the parties’ plea bargain on remand. Parsons, 969 A.2d at 1272. Thus, this court’s hands were essentially tied as it could not depart from the Superior Court’s directive, despite the defendant filing motions to withdraw his guilty plea on remand. Nevertheless, we will consider the merits of the claims which the defendant raises on appeal.

This court will address the defendant’s first and second claims together as they attack the validity of the defendant’s plea bargain.

There is no absolute right to withdraw a guilty plea and the decision as to whether to allow a defendant to do so is a matter within the sound discretion of the trial court. Commonwealth v. Muhammed, 794 A.2d 378, 382 (Pa. Super. 2002). A post-sentence motion to withdraw a guilty plea should be denied absent a showing of a manifest injustice. Commonwealth v. Shaffer, 449 A.2d 677 (Pa. Super. 1982). A plea rises to a level of manifest injustice when it was entered into involuntarily, unknowingly, or unintelligently. Commonwealth v. Pantalion,

Related

Commonwealth v. Melton
351 A.2d 221 (Supreme Court of Pennsylvania, 1976)
Commonwealth v. Pollard
832 A.2d 517 (Superior Court of Pennsylvania, 2003)
Commonwealth v. McMillan
545 A.2d 301 (Supreme Court of Pennsylvania, 1988)
Commonwealth v. Stork
737 A.2d 789 (Superior Court of Pennsylvania, 1999)
Commonwealth v. Muhammad
794 A.2d 378 (Superior Court of Pennsylvania, 2002)
Commonwealth v. Muntz
630 A.2d 51 (Superior Court of Pennsylvania, 1993)
Commonwealth v. Shaffer
449 A.2d 677 (Supreme Court of Pennsylvania, 1982)
Commonwealth v. Frey
904 A.2d 866 (Supreme Court of Pennsylvania, 2006)
Commonwealth v. Parsons
969 A.2d 1259 (Superior Court of Pennsylvania, 2009)
Commonwealth v. Watson
835 A.2d 786 (Superior Court of Pennsylvania, 2003)
Commonwealth v. Pantalion
957 A.2d 1267 (Superior Court of Pennsylvania, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
19 Pa. D. & C.5th 13, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-parsons-pactcomplberks-2010.