Commonwealth v. Wentz

421 A.2d 796, 280 Pa. Super. 427
CourtSuperior Court of Pennsylvania
DecidedJanuary 9, 1981
Docket247
StatusPublished
Cited by33 cases

This text of 421 A.2d 796 (Commonwealth v. Wentz) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Wentz, 421 A.2d 796, 280 Pa. Super. 427 (Pa. Ct. App. 1981).

Opinions

WATKINS, Judge:

This is an appeal from the order of the Court of Common Pleas of Somerset County, Criminal Division, by the defendant-appellant, Gerald Wentz, after conviction of operating a motor vehicle after the operating privileges were suspended on which charge he entered a guilty plea and of operating a motor vehicle under the influence of intoxicants on which charge he was convicted by a jury. In this appeal, the defendant claims that he was denied his Sixth Amendment right to counsel at his guilty plea and at his jury trial. Defendant was sentenced to concurrent prison terms of from one (1) to three (3) years as a result of the said convictions.

Defendant was charged with the instant offenses on February 22, 1977. He was preliminarily arraigned and subsequently waived his right to preliminary hearing. The case was then returned for court action.

The defendant was arraigned on May 2, 1977. He appeared at his arraignment without counsel and entered a plea of not guilty. At that time he was admonished by the arraignment judge to obtain counsel. He entered his not guilty plea by stating that: “If I can get a good lawyer here, I’ll plead not guilty”. Criminal trials for the May Term of court were scheduled for a consecutive two-week [431]*431period beginning May 23, 1977. Despite the court’s admonishments to the defendant to the effect that he should obtain counsel, defendant appeared on May 23,1977 without counsel. At that time he indicated to the court that he had requested “free” counsel. The court advised the defendant that because he was working he was not entitled to “free” counsel. He had been advised by the court on May 2, 1977 that he was not eligible for “free” counsel after the defendant had indicated a desire to obtain a court-appointed attorney. During a pre-trial colloquy on May 23, 1977 the defendant indicated that he had not obtained counsel and also failed to indicate that he had attempted to obtain private counsel of his own. During a discussion relative to the fact that the defendant had appeared without counsel the court below stated to the defendant that: “You’re going to have to make up your mind.” The defendant replied that: “I don’t know any attorneys right around here.” The defendant then admitted that he had known of the trial date for “weeks and weeks”. His excuse for appearing without counsel was that he was from another county and didn’t know any attorneys “around here”. At that point the court directed the Sheriff to assist the defendant in picking a jury. At the start of the trial the defendant stated to the court that he was indeed “under suspension” when apprehended but denied being under the influence. The Sheriff then assisted the defendant in choosing the jury, the case proceeded to trial before the jury on the “operating under the influence charge” and after the trial the jury returned a verdict of guilty against the defendant. Defendant now claims that the court “coerced” him into going to trial without an attorney thereby depriving him of his Sixth Amendment right to counsel. Defendant claims that the court should have granted him a continuance so that he could seek the assistance of counsel. Defendant had filed no post-trial motions but now appeals from the order sentencing him on the said convictions.

There is no doubt that a defendant has the right to the assistance of counsel in a criminal prosecution under [432]*432both the Sixth Amendment to the United States Constitution and Article I, Section 9 of the Constitution of the Commonwealth of Pennsylvania. This right clearly extends to all critical stages of a prosecution. Commonwealth ex rel. Goodfellow v. Rundle, 415 Pa. 528, 204 A.2d 446 (1964). It has been specifically held that a person charged with the offense of operating a motor vehicle under the influence of intoxicants is entitled to representation by counsel. Commonwealth v. Sheehan, 446 Pa. 35, 285 A.2d 465 (1971). Of course, the right to representation by counsel may be waived by a criminal defendant just as he may waive other individual rights. This is so because the right is the defendant’s and the defendant’s alone. Commonwealth v. Lowery, 276 Pa.Super. 569, 419 A.2d 604 (1980). However, the right to counsel must be “knowingly and intelligently waived” before an accused will be sent to jail upon a conviction entered when he was not represented by counsel. Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972). In the instant case the defendant argues that the court below “coerced” him into proceeding to trial pro se thereby depriving the defendant of his right to counsel. We do not agree. The defendant had been served with a criminal complaint on February 22, 1977. Any reasonable person should be aware that the initiation of criminal charges against them is a serious matter which demands the assistance of a person trained to assist others in such situations. However, defendant failed to obtain counsel and on May 2, 1977 appeared at his arraignment without counsel. If the defendant had any doubts about the seriousness of his situation, those doubts should have been resolved on May 2, 1977 when the arraignment judge informed the defendant that he should retain an attorney for his trial which was to take place on May 23, 1977. Again, defendant did nothing and appeared in court on May 23, 1977 without counsel. When asked by the trial court about any arrangements he had made to retain counsel the defendant gave no indication that he had made any reasonable attempt to obtain the assistance of an attorney and furthermore gave no indication that he had any concrete plans to do so in the future. The only evidence of any [433]*433attempt to obtain counsel were his statements that he desired “free” counsel. When the trial court was informed by the defendant that his income was between $350 and $400 every two weeks it informed the defendant that he was not entitled to “free” counsel and should seek a private attorney. Moreover, the public defender denied receipt of any application from the defendant.

Given this set of circumstances we cannot agree with the defendant’s claim that the trial court “coerced” him into going to trial per se. No one ever told the defendant that he could not be represented by an attorney and no one ever prevented any attorney from representing him. To the contrary, the defendant was admonished to retain an attorney which he did not do. Furthermore, the defendant gave no indication that he had any plans to do so. Defendant’s claim that the court should have granted him a continuance under these circumstances is meritless. The trial court had no reason to believe that if it continued defendant’s trial, sua sponte, for another week, month, or even year that the defendant would appear in court at that future time with an attorney.1 To continue the matter under these circumstances would have been merely to delay the time when defendant would have to stand trial with no assurance that he would be in any different posture, insofar as representation is concerned, at that future date.

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Bluebook (online)
421 A.2d 796, 280 Pa. Super. 427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-wentz-pasuperct-1981.