Com. v. Clarke, K.
503 EDA 2016
| Pa. Super. Ct. | Jan 17, 2017Background
- Kenya Clarke was arrested May 11, 2015 and charged with multiple offenses; prosecution proceeded on receiving stolen property and possession of a small amount of marijuana. Other charges were nolle prossed.
- On December 14, 2015 Clarke entered a negotiated guilty plea to those two counts, with an aggregate cap of 23 months, credit for time served, and consecutive probation terms plus drug/alcohol evaluation and treatment conditions.
- Clarke filed a post-sentence motion to withdraw his guilty plea on December 21, 2015, asserting that a medical condition and missed medication prevented a knowing, intelligent, and voluntary plea.
- At the January 11, 2016 hearing Clarke testified he remembered pleading guilty, was not taking medication that day, and referenced therapy and prescriptions (e.g., Prozac) but produced no medical records or testimony to establish incapacity at the plea.
- The trial court denied the motion; Clarke timely appealed. Court-appointed appellate counsel filed an Anders brief and petition to withdraw, arguing the appeal was frivolous.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in denying post-sentence motion to withdraw guilty plea | Clarke: plea was not knowing, intelligent, voluntary due to a medical condition/medication lapse | Commonwealth / trial court: Clarke offered no evidence that a medical condition or missed medication affected his competence at the plea; plea colloquy and record support voluntariness | Appeal denied; court finds Clarke failed to meet burden to show plea involuntary; claim frivolous |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (establishes counsel’s withdrawal procedure for frivolous appeals)
- Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009) (describes required content of an Anders brief in Pennsylvania)
- Commonwealth v. Yeomans, 24 A.3d 1044 (Pa. Super. 2011) (defendant bound by statements under oath at plea colloquy)
- Commonwealth v. Miller, 715 A.2d 1203 (Pa. Super. 1998) (procedural obligations for counsel seeking to withdraw)
- Commonwealth v. Bedell, 954 A.2d 1209 (Pa. Super. 2008) (burden on defendant to prove plea involuntary)
- Commonwealth v. Kennedy, 868 A.2d 582 (Pa. Super. 2005) (court may not consider materials not in certified record)