Com. v. Jones, R.
2879 EDA 2014
| Pa. Super. Ct. | Oct 6, 2016Background
- Richard Jones pleaded guilty on September 7, 2012, pursuant to a negotiated plea to aggravated assault, criminal trespass, various weapons offenses (VUFA), and fleeing/eluding; sentencing was an aggregate 8 to 20 years’ imprisonment.
- The Commonwealth nolled remaining charges in exchange for the plea.
- Jones did not file a post-sentence motion or a direct appeal.
- He filed a timely pro se PCRA petition on May 14, 2013, alleging trial counsel was ineffective for inducing a guilty plea despite insufficient evidence of aggravated assault and for failing to file a motion to withdraw the plea or a direct appeal.
- Counsel appointed on PCRA review sought to withdraw under Turner/Finley after concluding there were no meritorious issues; the PCRA court issued Rule 907 notice and dismissed the petition on August 14, 2014.
- Jones appealed pro se; the Superior Court affirmed, holding the claims lacked arguable merit and counsel was not ineffective.
Issues
| Issue | Plaintiff's Argument (Jones) | Defendant's Argument (Commonwealth / PCRA court) | Held |
|---|---|---|---|
| Whether counsel was ineffective for not challenging sufficiency of evidence for aggravated assault | Jones: No serious bodily injury occurred, so aggravated assault lacked evidentiary support | There was a factual basis for the plea; plea colloquy and written colloquy establish voluntariness and factual basis | Denied — claim lacked arguable merit; counsel not ineffective |
| Whether counsel was ineffective for not challenging constitutionality of the negotiated 8–20 year sentence under Alleyne | Jones: Any fact increasing penalty must be submitted to a jury and proven beyond a reasonable doubt | Sentence was the negotiated term within legal limits and did not invoke a mandatory minimum requiring Alleyne analysis | Denied — sentence lawful and negotiated; no Alleyne error applicable |
| Whether counsel was ineffective for failing to file post-sentence motion or direct appeal | Jones: Counsel’s failure deprived him of appellate review and was ineffective assistance | Trial court informed Jones of post-sentence and appellate rights; Jones did not request counsel to file motions or appeal; discretionary review of negotiated sentence is not warranted | Denied — no entitlement to relief; counsel not ineffective |
| Whether plea validity or sentence legality preserved collateral review | Jones: Challenges to plea and sentence should entitle PCRA relief | The plea waived all defects except jurisdiction, plea validity, and sentence legality; Jones’s challenges either lacked merit or concerned a lawful negotiated sentence | Denied — plea valid; sentence legal; PCRA dismissal affirmed |
Key Cases Cited
- Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988) (procedure for counsel seeking withdrawal on collateral review)
- Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (paired with Turner on counsel withdrawal procedure)
- Commonwealth v. Reichle, 589 A.2d 1140 (Pa. Super. 1991) (negotiated plea waives most claims except limited categories)
- Commonwealth v. Reid, 117 A.3d 777 (Pa. Super. 2015) (negotiated plea indicates voluntariness; colloquy supports validity)
- Commonwealth v. Harris, 852 A.2d 1168 (Pa. 2004) (three-prong test for ineffective assistance of counsel under PCRA)
- Commonwealth v. Pitts, 981 A.2d 875 (Pa. 2009) (standard of review for PCRA appeals)
- Commonwealth v. Spotz, 47 A.3d 63 (Pa. 2012) (counsel not ineffective when underlying claim lacks arguable merit)
- Commonwealth v. O’Malley, 957 A.2d 1267 (Pa. Super. 2008) (defendant may not seek discretionary review of a negotiated sentence)