Com. v. Lincoln, R.
3632 EDA 2003
| Pa. Super. Ct. | Oct 18, 2017Background
- In 2002 Robert Lincoln brutally assaulted a woman in her home, stole her social security funds, and left her and her two disabled children; the victim suffered severe injuries and multiple surgeries.
- Lincoln signed a confession and, on October 27, 2003, entered a negotiated guilty plea to attempted murder, aggravated assault, and robbery; sentence imposed was 16–40 years for attempted murder (aggravated assault merged) plus 20 years probation for robbery consecutive.
- Lincoln later sought post-conviction relief and appealed; his first direct appeal was discontinued by counsel without consultation, leading to federal habeas relief that reinstated his direct-appeal rights nunc pro tunc.
- After multiple federal and state proceedings and delays, Lincoln argued his guilty plea was invalid because the trial court misstated the aggregate maximum sentence during the plea (85 years vs. actual 65), failed to establish a factual basis for attempted murder (disputed use of a radio), and did not explain statutory elements of the offenses.
- The Superior Court reviewed the totality of circumstances (including the plea transcript showing Lincoln negotiated and accepted a 16–40 year deal, a corrected on-the-record sentencing explanation, and absence of a complete affirmative defense) and affirmed the judgment of sentence.
Issues
| Issue | Lincoln's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Whether misstatement of maximum sentence during plea vitiated voluntariness | Court misstated aggregate maximum (85 v. 65 yrs), inducing plea under threat of de facto life term | Misstatement was corrected on the record, Lincoln accepted a negotiated 16–40 yr deal and got a sentence well below maximum; mistake immaterial | Held: Misstatement immaterial; plea voluntary under totality of circumstances |
| Whether lack of admission/use of radio defeated factual basis for attempted murder | Lincoln denied using radio (asserted hands only); denial negates specific intent/attempted murder | Commonwealth recited evidence jurors would hear (blood on radio, victim testimony); use of weapon not element; substantial step and intent supported | Held: Factual basis adequate; denial of radio use not a complete defense and plea stands |
| Whether court’s failure to recite elements rendered plea unknowing | Court did not list formal elements on record; Lincoln unaware of nature of offenses | Written plea colloquy (missing from record) and surrounding documents + extensive oral recitation demonstrated understanding | Held: No manifest injustice; totality shows Lincoln knew nature of charges |
| Whether plea should be vacated given procedural history and missing written colloquy | Lincoln sought merits review after federal habeas; argues record gaps undermine plea validity | Commonwealth: plea knowingly entered; missing written colloquy likely would not aid Lincoln; relief would be withdrawal of plea, not release | Held: Appeal affirmed; plea valid; missing written colloquy and procedural delays do not warrant vacatur |
Key Cases Cited
- North Carolina v. Alford, 400 U.S. 25 (1970) (plea may be valid despite defendant’s protestation of innocence)
- Commonwealth v. Fluharty, 632 A.2d 312 (Pa. Super. 1993) (factual-basis requirement and plea validity tested by totality of circumstances)
- Commonwealth v. Barbosa, 819 A.2d 81 (Pa. Super. 2003) (materiality standard for misstatements of maximum sentence)
- Commonwealth v. Pantalion, 957 A.2d 1267 (Pa. Super. 2008) (withdrawal of plea post-sentencing requires manifest injustice)
- Commonwealth v. Warren, 84 A.3d 1092 (Pa. Super. 2014) (a defendant told lower maximum cannot undo plea unless sentenced above what was represented)