Com. v. Horrocks, C., 3523 EDA 2015

Background

On Feb. 19, 2012, Charles R. Horrocks struck and killed a pedestrian while driving after drinking, fled the scene, later hid his vehicle, and was arrested. He was on probation and driving with a suspended license.
Horrocks pleaded guilty on Oct. 18, 2012 to DUI-related homicide and related offenses after counsel (retained by his parents) entered to represent him for a guilty plea; the court conducted a plea colloquy in which Horrocks affirmed the plea was voluntary and that no one promised his sentence.
Sentencing occurred Dec. 13, 2012: aggregate prison term of 6.5 to 13 years plus five years probation; Horrocks did not file a post-sentence motion or direct appeal.
Horrocks filed a pro se PCRA petition in 2013; after counsel substitutions and amendments, an evidentiary hearing was held Sept. 4, 2015 addressing claims of ineffective assistance.
Horrocks alleged (1) counsel was per se ineffective for failing to file a requested motion for reconsideration and direct appeal, and (2) counsel induced an involuntary plea by promising the mandatory-minimum sentence and concurrency with his probation violation sentence.
The PCRA court credited trial counsel’s testimony that no promises of a specific sentence were made and that Horrocks did not request an appeal or reconsideration; the PCRA court denied relief and the Superior Court affirmed.

Issues

Issue	Plaintiff's Argument (Horrocks)	Defendant's Argument (Commonwealth/counsel)	Held
Was counsel per se ineffective for failing to file a requested direct appeal?	Horrocks says he asked counsel to file a direct appeal and counsel ignored the request.	Counsel and record show no request for a direct appeal; counsel credible.	Denied — PCRA court credited counsel; no request proved, so no ineffective assistance.
Was counsel ineffective for failing to file a motion for reconsideration of sentence?	Horrocks claims he asked counsel to file reconsideration and appeal.	No instruction to file reconsideration was shown; Horrocks did not prove prejudice or merit.	Denied — Horrocks failed to plead or prove prejudice/merit; no instruction shown.
Did counsel induce an involuntary, unknowing guilty plea by promising the mandatory minimum and concurrent service?	Horrocks alleges counsel promised a 3–6 year mandatory-minimum and concurrency to induce plea.	Counsel denied making promises; the plea colloquy shows Horrocks affirmed no promises and voluntariness.	Denied — PCRA court credited counsel and guilty-plea colloquy; plea was knowing and voluntary.
Did Horrocks meet the Pierce/Strickland standard for PCRA relief on ineffective-assistance claims?	Horrocks contends counsel’s conduct satisfies prejudice under Lantzy (for unfiled appeals) and Strickland/Pierce for other claims.	Commonwealth: no request/indication of deficient performance or prejudice; where no request exists, Lantzy doesn’t apply.	Denied — Horrocks failed to satisfy Pierce/Strickland prongs and did not prove a request for appeal.

Key Cases Cited

Commonwealth v. Henkel, 90 A.3d 16 (Pa. Super. 2014) (PCRA standard and review principles)
Commonwealth v. Jones, 912 A.2d 268 (Pa. 2006) (deference to PCRA court credibility findings)
Commonwealth v. White, 734 A.2d 374 (Pa. 1999) (credibility determinations by PCRA courts are binding if supported)
Commonwealth v. Lantzy, 736 A.2d 564 (Pa. 1999) (prejudice presumed when counsel unjustifiably fails to file a requested direct appeal)
Commonwealth v. Knighten, 742 A.2d 679 (Pa. Super. 1999) (defendant must prove he requested an appeal and counsel disregarded it)
Commonwealth v. Steele, 961 A.2d 786 (Pa. 2008) (ineffective-assistance three-prong test and disposition when any prong fails)
Commonwealth v. Reaves, 923 A.2d 1119 (Pa. 2007) (Strickland/Pierce prejudice standard applies to some PCRA claims)
Commonwealth v. Hickman, 799 A.2d 136 (Pa. Super. 2002) (ineffective assistance in plea context requires showing plea became involuntary or unknowing)
Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (federal ineffective-assistance standard)
Commonwealth v. Pierce, 527 A.2d 973 (Pa. 1987) (Pennsylvania formulation of ineffective-assistance standard)