Com. v. Jenkins, W.
198 MDA 2017
| Pa. Super. Ct. | Dec 28, 2017Background
- In 2012 Jenkins was charged with attempted rape and related offenses; the Commonwealth offered an 8–16 year plea but warned it would seek a 25-year mandatory minimum on conviction of attempted rape or attempted indecent assault by forcible compulsion given Jenkins’ prior record. Jenkins rejected the plea and proceeded to jury trial.
- Jury convicted Jenkins of attempted indecent assault by forcible compulsion (first-degree misdemeanor attempt graded as first-degree misdemeanor under §3126(a)(2)) and simple assault; he was sentenced to 25–50 years for the indecent-assault attempt and 1–2 years concurrent for simple assault.
- Jenkins filed a timely PCRA petition claiming trial counsel was ineffective for: (1) failing to advise him about the 25-year mandatory minimum for attempted indecent assault, (2) failing to request a jury instruction on indecent assault “without consent” (§3126(a)(1)), and (3) failing to request a special verdict slip so the jury could grade the indecent-assault attempt.
- At the PCRA hearing the Commonwealth’s prosecutor had placed the 25-year mandatory minimum on the record before trial; trial counsel testified she discussed the 25-year minimum as to attempted rape but not specifically as to indecent assault. Jenkins acknowledged on the record he rejected the plea after being warned about the 25-year exposure.
- The PCRA court denied relief, finding Jenkins knowingly rejected the plea after being apprised on the record of the Commonwealth’s intent to seek the 25‑year mandatory sentence; the evidence supported only the forcible‑compulsion theory (not the without‑consent theory); and no special verdict slip was necessary because the Commonwealth had not charged the lesser, second‑degree misdemeanor variant.
Issues
| Issue | Plaintiff's Argument (Jenkins) | Defendant's Argument (Commonwealth / Trial Counsel) | Held |
|---|---|---|---|
| Whether counsel was ineffective for failing to inform Jenkins that conviction for attempted indecent assault could trigger a 25‑year mandatory minimum | Jenkins: counsel misinformed or failed to advise him about the 25‑year mandatory minimum for attempted indecent assault, so he would have accepted the 8–16 plea | Commonwealth/Smith: prosecutor informed Jenkins on the record of the 25‑year exposure before trial; counsel discussed sentencing exposure and there was no prejudice | Denied — court found Jenkins was informed on the record of the Commonwealth’s intent to seek 25 years and thus knowingly rejected the plea; no prejudice shown |
| Whether counsel was ineffective for failing to request a jury instruction on indecent assault “without consent” (§3126(a)(1)) | Jenkins: counsel should have requested the lesser‑graded instruction so jury could consider second‑degree misdemeanor grading | Commonwealth: trial evidence supported forcible compulsion (a higher grading); adding the without‑consent instruction was unsupported and would have confused the jury | Denied — no basis in the evidence for the uncharged lesser offense; counsel reasonably declined to request it |
| Whether counsel was ineffective for failing to request a special verdict slip to grade the indecent‑assault attempt | Jenkins: jury verdict sheet showed erased markings and may have been confused; a special verdict could have led to second‑degree grading | Commonwealth: special verdicts are disfavored; the Commonwealth charged only forcible compulsion (first‑degree misdemeanor), so no need to submit grading choice to the jury | Denied — no legal or factual need for special verdict; offense charged dictated grading |
Key Cases Cited
- Commonwealth v. Conway, 14 A.3d 101 (Pa. Super. 2011) (standard of review for PCRA denial)
- Commonwealth v. Boyd, 923 A.2d 513 (Pa. Super. 2007) (deference to PCRA fact‑findings when supported by record)
- Commonwealth v. Ford, 44 A.3d 1190 (Pa. Super. 2012) (no deference to a PCRA court’s legal conclusions)
- Commonwealth v. Miller, 102 A.3d 988 (Pa. Super. 2014) (credibility findings by PCRA court are binding if supported)
- Commonwealth v. Kimball, 724 A.2d 326 (Pa. 1999) (three‑prong ineffective assistance test)
- Commonwealth v. Pierce, 645 A.2d 189 (Pa. 1994) (reasonable‑basis test for counsel strategy)
- Commonwealth v. Poplawski, 852 A.2d 323 (Pa. Super. 2004) (counsel not ineffective for foregoing meritless claims)
- Commonwealth v. Hopkins, 117 A.3d 247 (Pa. 2015) (courts disfavour special verdicts in criminal trials)
- Commonwealth v. Barndt, 74 A.3d 185 (Pa. Super. 2013) (PCRA relief where plea‑colloquy contradicted counsel’s advice regarding consequences)
- Commonwealth v. Steckley, 128 A.3d 826 (Pa. Super. 2015) (PCRA relief where defendant was uninformed of mandatory minimum and no on‑the‑record colloquy corrected counsel’s advice)
- Commonwealth v. Patton, 936 A.2d 1170 (Pa. Super. 2007) (trial court should only instruct on offenses supported by evidence)
- Commonwealth v. Chambers, 807 A.2d 872 (Pa. 2002) (prejudice standard for ineffective assistance)
- Commonwealth v. Williams, 950 A.2d 294 (Pa. 2008) (presumption of counsel effectiveness)