Commonwealth v. Torres

13 Pa. D. & C.5th 386
CourtPennsylvania Court of Common Pleas, Berks County
DecidedMay 5, 2010
Docketno. CP-06-CR-1407/08, 3089/08
StatusPublished

This text of 13 Pa. D. & C.5th 386 (Commonwealth v. Torres) 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. Torres, 13 Pa. D. & C.5th 386 (Pa. Super. Ct. 2010).

Opinion

PARISI, J,

In the present appeal, the defendant contends this court erred in failing to grant his pre-sentence and post-sentence motions to withdraw guilty pleas in these dockets referenced above. The defendant’s jury trial was scheduled for May 19, 2009. Prior to the parties selecting a jury, the defendant pled guilty to two counts of aggravated indecent assault1 in docket 3089/08 and two counts of statutory sexual assault[388]*3882 in docket 1407/08. The court was required to schedule sentencing at a later date in order for the defendant to undergo a Megan’s Law evaluation.3 On August 31, 2009, the defendant appeared at a Megan’s Law status hearing and moved to withdraw his guilty pleas in each docket. On September 17,2009, a hearing was held on the defendant’s pre-sentence motions to withdraw his guilty pleas. On October 22,2009, this court denied the defendant’s pre-sentence motions.

On December 12, 2009, the defendant was sentenced to an aggregate term of incarceration of not less than five years nor more than 20 years. In Ddcket 1407/08, the defendant was sentenced to two consecutive terms of incarceration of not less than two and a half years nor more than 10 years. In docket 3089/08, the defendant was sentenced to two concurrent terms of incarceration of not less than five years nor more than 10 years with both sentences to run concurrent with the sentence imposed at count one of docket 1407/08. On December 23, 2009, the defendant filed post-sentence motions to withdraw his guilty pleas in each docket. On February 22, 2010, the court held a hearing on the defendant’s post-sentence motions. On March 2, 2010, the court denied the defendant’s post-sentence motions to withdraw his guilty pleas. On March 18, 2010, the defendant filed a notice of appeal in each docket asserting the following grounds on appeal:

“(1) The court abused its discretion in denying the defendant’s pre-sentence motion to withdraw guilty plea [389]*389as the defendant made a clear, uncompromised assertion of innocence.

“(2) The court abused its discretion in denying the defendant’s post-sentence motion to withdraw guilty plea as the evidence before the court demonstrated that the defendant’s guilty plea was not knowing, voluntary, or intelligent.” Defendant’s concise statement of errors complained of on appeal, April 1, 2010.

While employed as a custodian at the Gateway School for the Arts in the City of Reading, the defendant admitted having sexual intercourse with a 13 year-old female student on two separate occasions in the girls restroom between late January and early February of 2008. The defendant further admitted to touching his former girlfriend’s 8 year-old daughter’s genitals several times while he was alone with the girl in her mother’s apartment between April 19,2008 and May 23,2008. Despite these admissions, at the Megan’s Law status hearing and the hearings on his motions to withdraw, the defendant asserted he did not engage in the conduct underlying his guilty pleas.

The defendant’s first claim on appeal is that this court abused its discretion in denying the defendant’s presentence motions to withdraw his guilty pleas. The defendant contends his assertions of innocence were sufficient to permit the withdrawals under Pennsylvania law.

There is no absolute right to withdraw a guilty plea prior to sentencing and the decision to grant such a request rests within the discretion of the trial court. Commonwealth v. Hutchins, 453 Pa. Super. 209, 212, 683 [390]*390A.2d 674, 675 (1996). To withdraw a guilty plea presentence, the defendant must show (1) a fair and just reason for the withdrawal, and (2) the Commonwealth will not be substantially prejudiced by its reliance on the plea. Commonwealth v. Forbes, 450 Pa. 185, 299 A.2d 268 (1973). An assertion of innocence constitutes a fair and just reason for withdrawal of a guilty plea in the absence of substantial prejudice to the Commonwealth. Id. However, even when the defendant asserts a viable reason for withdrawal, withdrawal is not permitted if the Commonwealth would suffer substantial prejudice should the case be reinstated and set for trial. Commonwealth v. Dickter, 318 Pa. Super. 372, 375, 465 A.2d 1, 2 (1983).

Our Superior Court has consistently recognized that substantial prejudice to the Commonwealth results when defendants plead guilty to sexual offenses against young children and subsequently move to withdraw their pleas prior to sentencing, as these crimes often occur outside of the presence of other witness. The decisions acknowledge the fragile nature of the young victims and their inability to accurately recall important facts due to delays caused by the defendants significantly hinder the Commonwealth’s ability to prosecute their offenders.

In Dickter, the defendant pled guilty to sexually assaulting two boys, ages 9 and 13. The defendant absconded before sentencing. When the defendant was finally re-arrested, he moved to withdraw his guilty plea more than four years after entering it. In affirming the lower court’s denial of the defendant’s request, the Superior Court reasoned that because these crimes were [391]*391committed against such young boys, it “may assume” their ability to testify accurately would be “substantially diminished” given their young age and the lengthy delay. Id. at 375, 465 A.2d at 2.

Similarly, in Commonwealth v. Carr, after pleading guilty to sexually assaulting his 5-year-old grandson, the defendant moved to withdraw his plea prior to sentencing. 375 Pa. Super. 168, 171, 43 A.2d 1232, 1233(1988). The Superior Court affirmed the lower court’s denial of the motion stating the Commonwealth suffered substantial prejudice, in part, because the “eight-month delay [between the guilty plea and the motion to withdraw] would undoubtedly have dulled the 5-year-old child victim’s recall of events.” Id. at 172, 543 a.2d at 1234.

In Commonwealth v. Hutchins, the Superior Court again found the Commonwealth was substantially prejudiced in its reliance on the defendant’s plea due to the inability of its main witness, an adult victim of a brutal stabbing attack, to accurately recall significant facts. 453 Pa. Super. 209, 213, 683 A.2d 674, 676 (1996). After reviewing the testimony of the victim’s psychologist, the Superior Court concluded the victim’s memory had worsened due to the delay caused by the motion to withdraw. It further noted that subsequently testifying in court after the delay would be “very damaging” to the victim given the post-traumatic stress she suffered as a result of the incident. Id. Although Hutchins involved an adult victim, the Superior Court’s reasoning indicates that courts must consider the nature of the particular charges involved and the emotional state of the witnesses when determining whether a key witness’ inabil[392]*392ity to accurately recall events substantially prejudices the Commonwealth.

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Related

Commonwealth v. Stork
737 A.2d 789 (Superior Court of Pennsylvania, 1999)
Commonwealth v. Carr
543 A.2d 1232 (Superior Court of Pennsylvania, 1988)
Commonwealth v. Hutchins
683 A.2d 674 (Superior Court of Pennsylvania, 1996)
Commonwealth v. Muhammad
794 A.2d 378 (Superior Court of Pennsylvania, 2002)
State v. Bollig
2000 WI 6 (Wisconsin Supreme Court, 2000)
Commonwealth v. Myers
642 A.2d 1103 (Superior Court of Pennsylvania, 1994)
Commonwealth v. Flick
802 A.2d 620 (Superior Court of Pennsylvania, 2002)
Commonwealth v. Forbes
299 A.2d 268 (Supreme Court of Pennsylvania, 1973)
Commonwealth v. Moser
921 A.2d 526 (Superior Court of Pennsylvania, 2007)
Commonwealth v. Byrne
833 A.2d 729 (Superior Court of Pennsylvania, 2003)
Commonwealth v. Dickter
465 A.2d 1 (Superior Court of Pennsylvania, 1983)

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Bluebook (online)
13 Pa. D. & C.5th 386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-torres-pactcomplberks-2010.