Com. v. Flanagan, T.
1749 MDA 2015
| Pa. Super. Ct. | Jul 27, 2016Background
- Troy Flanagan was convicted of robbery and conspiracy (1999–2001); his original 2001 sentence was later vacated on appeal and he was resentenced multiple times following collateral proceedings.
- After a PCRA grant and a retrial, Flanagan entered plea bargains in 2011 and again in 2012; the 8/29/2012 plea resulted in 6–12 years on robbery (with credit for prior time served) and a consecutive 4-year term of probation on the conspiracy charge, with an agreed cap of 4 years’ incarceration if probation was violated.
- Flanagan was released in November 2012. In 2015 he violated probation (retail theft; travel to Florida) and the court revoked probation, sentencing him to 1–4 years’ incarceration consistent with the 2012 plea cap.
- Flanagan appealed, arguing (1) he was entitled to credit for 4 years and 103 days of earlier incarceration toward the conspiracy count, and (2) his 8/29/2012 waiver of credit/plea was not knowing, voluntary, or intelligent.
- The Superior Court reviewed legality of sentence de novo, found the earlier vacated sentence a legal nullity, held the revocation sentence was not illegal even if prior time were credited (it remained below the statutory maximum), and found any challenge to voluntariness waived for failure to raise it timely.
Issues
| Issue | Plaintiff's Argument (Flanagan) | Defendant's Argument (Commonwealth) | Held |
|---|---|---|---|
| Whether Flanagan was entitled to credit for 4 years/103 days of prior incarceration toward the conspiracy sentence used to reduce the revocation exposure | Time served between November 2006 and Feb 18, 2011 was served on the conspiracy component and must be credited to his revocation sentence | Earlier sentence that was vacated is a nullity; even if time counted, adding 1–4 years on revocation would not exceed statutory maximum, so no illegality | Court held the vacated 2001 sentence is a nullity; in any event the 1–4 year revocation term did not create an illegal sentence because total would remain below statutory maximum, so no relief granted |
| Whether Flanagan can withdraw his 8/29/2012 guilty plea for lack of a knowing, voluntary, intelligent waiver | Plea/waiver was not knowing/voluntary; thus he should be allowed to withdraw plea and seek credit | Flanagan failed to raise voluntariness at sentencing or in a post-sentence motion following 8/29/2012, so the claim is waived | Court held claim was waived for failing to object or file a post-sentence motion after the 8/29/2012 plea; alternatively, the plea colloquy showed he understood terms |
Key Cases Cited
- Commonwealth v. Infante, 63 A.3d 358 (Pa. Super. 2013) (scope of review in revocation appeals limited to validity of proceedings and legality of sentence)
- Martin v. Pennsylvania Bd. of Prob. & Parole, 840 A.2d 299 (Pa. 2003) (maximum term, not minimum, is the sentence imposed for purposes of parole/statutory maximum analysis)
- Commonwealth v. Wilson, 934 A.2d 1191 (Pa. 2007) (vacated sentence is a legal nullity)
- Commonwealth v. Crump, 995 A.2d 1280 (Pa. Super. 2010) (no automatic credit on revocation unless new sentence causes defendant to exceed statutory maximum)
- Commonwealth v. Johnson, 967 A.2d 1001 (Pa. Super. 2009) (failure to award credit for time served raises legality of sentence)
- Commonwealth v. Cartrette, 83 A.3d 1030 (Pa. Super. 2013) (scope of review in revocation appeals can include discretionary sentencing challenges)