Com. v. Jones, I.
486 WDA 2017
| Pa. Super. Ct. | Nov 13, 2017Background
- Appellant Isaac Jones pled guilty to attempted murder, robbery (inflicting serious bodily injury), aggravated assault (attempted serious bodily injury), and an unlicensed firearms offense; he reserved only the factual element of serious bodily injury for the court to determine.
- The trial court reviewed the victim’s medical records, found serious bodily injury, and exposed Jones to a higher statutory maximum (up to 40 years) but sentenced him to 9–18 years on the attempted murder count and 2–4 years concurrent on the firearms count.
- Jones did not file a direct appeal; he filed a pro se PCRA petition in December 2013, obtained counsel, and pursued an amended petition followed by an evidentiary hearing.
- Jones’s PCRA claim alleged plea counsel was ineffective by permitting an unknowing/unknowingly entered guilty plea because the oral colloquy did not establish a factual basis for the plea.
- The PCRA court denied relief (order dated Feb. 28, 2017, docketed Mar. 1, 2017); Jones appealed and timely filed a Pa.R.A.P. 1925(b) statement.
- The Superior Court reviewed the record (including a written, signed guilty-plea form incorporated into the hearing and the on-the-record colloquy) and affirmed the PCRA denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was plea counsel ineffective for allowing an unknowing plea because the oral plea colloquy lacked a factual basis? | Jones argued the court’s oral colloquy failed to state the factual basis for the crimes, rendering the plea unknowing and involuntary. | Commonwealth (and trial court) pointed to the totality of circumstances: a detailed written plea form signed by Jones, the on-the-record acknowledgments, and counsel’s advisement—showing a knowing, voluntary plea. | Court held plea counsel was not ineffective; the written plea form plus the colloquy established a knowing, voluntary, intelligent plea, so no manifest injustice. |
Key Cases Cited
- Commonwealth v. Sam, 952 A.2d 565 (Pa. 2008) (scope of review in PCRA appeals limited to PCRA court findings and record)
- Commonwealth v. Pitts, 981 A.2d 875 (Pa. 2009) (mixed standard of review for PCRA appeals: factual findings deferred, legal conclusions reviewed de novo)
- Commonwealth v. Rollins, 738 A.2d 435 (Pa. 1999) (presumption counsel effective; three-part test to overcome presumption in ineffective-assistance claims)
- Commonwealth v. Travaglia, 661 A.2d 352 (Pa. 1995) (arguable merit and reasonable basis components of ineffective assistance analysis)
- Commonwealth v. Bedell, 954 A.2d 1209 (Pa. Super. 2008) (requirements for plea colloquy and consideration of totality of circumstances; written plea form may supplement oral colloquy)
- Commonwealth v. Washington, 927 A.2d 586 (Pa. 2007) (defendant’s right to effective counsel during plea process; prejudice standard for plea-based ineffectiveness)