Com. v. Lee, A., Com. v. Lee, A. No. 881 EDA 2016

Appellant Anthony J. Lee robbed a Subway in Allentown in 2011, tied two employees with zip ties, threatened them with a gun, and fled; police later found stolen items and Lee’s latent fingerprints in the abandoned car.
Lee was convicted at jury trial of robbery, two counts of false imprisonment, and firearms offenses; he received 19.5 to 39 years’ imprisonment.
On direct appeal this Court affirmed the convictions but vacated certain parole conditions; the Pennsylvania Supreme Court denied allowance of appeal.
Lee filed a timely pro se PCRA petition alleging trial counsel failed to inform him of a last‑minute global plea offer before trial (ineffective assistance of counsel); he claimed he would likely have accepted the plea.
PCRA counsel investigated, reviewed trial counsel’s file and correspondence, contacted trial counsel, and filed a Turner/Finley no‑merit letter concluding there was no evidence that trial counsel failed to convey any such offer.
The PCRA court credited PCRA counsel’s investigation, found Lee’s allegations unsupported and incredible, denied the petition without an evidentiary hearing, and this appeal followed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Lee was entitled to an evidentiary hearing on his IAC claim that trial counsel failed to convey a plea offer	Lee: Trial counsel did not inform him of a final plea offer until after trial; nothing in the record confirms or rebuts this, so a hearing is required to examine counsel under oath	Commonwealth/PCRA court: Lee offered no affidavits, documents, or other evidence as required by Rule 902; PCRA counsel’s investigation and trial counsel’s file show multiple offers were conveyed and no record of a last‑minute uncommunicated offer	Court denied hearing and affirmed dismissal: Lee’s bare allegation lacked supporting evidence; PCRA counsel’s investigation negated a colorable claim and the court reasonably found no material factual dispute

Commonwealth v. Cousar, 154 A.3d 287 (Pa. 2017) (sets the three‑part test for ineffective assistance of counsel and presumption of counsel effectiveness)
Commonwealth v. Henkel, 90 A.3d 16 (Pa. Super. 2014) (standards for appellate review of PCRA denials and when hearings are required)
Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988) (procedures governing counsel’s request to withdraw from PCRA representation)
Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (en banc) (requirements for counsel’s no‑merit brief in PCRA proceedings)
Commonwealth v. Swartzfager, 59 A.3d 616 (Pa. Super. 2012) (treatment of premature notices of appeal filed before docketing of final order)