Com. v. Herrington, Q.
2172 EDA 2016
| Pa. Super. Ct. | Sep 11, 2017Background
- Quran Herrington pleaded guilty (May 21, 2014) to terroristic threats, simple assault, and contempt for violating a PFA; sentenced to 11.5–23 months plus five years reporting probation and was paroled immediately.
- He failed to report to probation in Dec 2014/Jan 2015 and was arrested for possession of crack cocaine in March 2015.
- At a violation hearing (May 18, 2015) probation/parole were revoked; on July 28, 2015 he was resentenced to 2–5 years’ incarceration followed by two years’ probation.
- Herrington appealed; the Superior Court affirmed (May 23, 2016) and the Pennsylvania Supreme Court denied allowance of appeal (Oct 25, 2016).
- While his allowance petition was pending before the Supreme Court, Herrington filed (June 2, 2016) a petition in the trial court seeking specific performance of his plea regarding time credit and requesting resentencing; the trial court denied the petition without a hearing (June 9, 2016), and denied reconsideration (June 28, 2016).
- Herrington appealed the denial; the Superior Court quashed the appeal for lack of trial-court jurisdiction because the case remained active on appeal under Pa.R.A.P. 1701(a), and alternatively noted the claim was waived for not being raised on direct appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court abused discretion by refusing a hearing on specific performance of plea regarding time credit | Herrington: plea terms about time credit were proven outside the record and warranted an evidentiary hearing and equitable enforcement | Commonwealth: trial court lacked jurisdiction while the direct appeal/allowance petition was pending; merits were waived if jurisdiction existed | Court: Appeal quashed for lack of jurisdiction under Pa.R.A.P. 1701(a); alternatively claim waived for not raising on direct appeal |
Key Cases Cited
- Commonwealth v. Bishop, 829 A.2d 1170 (Pa. Super. 2003) (trial court lacks jurisdiction to act while matter is pending on appeal)
- Commonwealth v. Noel, 53 A.3d 848 (Pa. Super. 2012) (standard of review for interpreting procedural rules is de novo)
- Commonwealth v. Williams, 151 A.3d 621 (Pa. Super. 2016) (sentencing claims not raised on direct appeal are generally waived)
- Commonwealth v. Mathis, 463 A.2d 1167 (Pa. Super. 1983) (issues not raised in first appeal are waived on subsequent review)
- Commonwealth v. Herrington, 160 A.3d 761 (Pa. 2016) (Supreme Court denial of allowance of appeal following Superior Court affirmance)