Com. v. Lopez, R.
3287 EDA 2016
| Pa. Super. Ct. | Dec 29, 2017Background
- Richard Lopez pled nolo contendere (treated as a guilty plea) to aggravated assault and criminal conspiracy on August 22, 2008.
- Trial court advised Lopez at plea colloquy that it could impose consecutive sentences, explaining potential exposure up to 20–40 years and that sentencing was entirely within the court’s discretion.
- Lopez acknowledged understanding the possible sentences, that he discussed the plea with counsel, and that no one promised a specific sentence.
- On June 10, 2009, Lopez was sentenced to concurrent terms of 6 to 15 years. Direct appeal affirmed; Pennsylvania Supreme Court denied allowance of appeal.
- Lopez filed a timely PCRA petition alleging plea counsel induced him to plead by promising a 3–6 year sentence; PCRA court dismissed without an evidentiary hearing.
- Lopez appealed, arguing the dismissal without a hearing was error because credibility of counsel’s alleged promise required an evidentiary hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether PCRA court erred by dismissing without a hearing where Lopez alleged plea counsel promised a 3–6 year sentence, thus inducing his plea | Lopez: Counsel promised a 3–6 year sentence and induced plea; an evidentiary hearing is needed to resolve credibility | Commonwealth/PCRA court: Plea colloquy shows Lopez knew sentencing exposure and denied any promises; claim lacks merit and is contradicted by sworn statements | Court affirmed dismissal; plea colloquy statements binding, Lopez failed to prove counsel-induced involuntary plea, so no relief or hearing warranted |
Key Cases Cited
- Commonwealth v. Montalvo, 114 A.3d 401 (Pa. 2015) (standard of review for PCRA denials)
- Commonwealth v. Johnson, 966 A.2d 523 (Pa. 2009) (elements to prove ineffective assistance under PCRA)
- Commonwealth v. Johnson, 875 A.2d 328 (Pa. Super. 2005) (ineffectiveness in guilty plea context requires showing counsel induced plea)
- Commonwealth v. Flood, 627 A.2d 1193 (Pa. Super. 1993) (guilty plea withdrawal requires causal nexus between counsel’s ineffectiveness and involuntary plea)
- Commonwealth v. Pollard, 832 A.2d 517 (Pa. Super. 2003) (defendant bound by in-court sworn statements at plea colloquy)
- Commonwealth v. Loner, 836 A.2d 125 (Pa. Super. 2003) (counsel not ineffective for failing to pursue meritless claims)
- Commonwealth v. Lopez, 4 A.3d 672 (Pa. Super. 2010) (direct appeal affirming Lopez’s sentence)
- Commonwealth v. V.G., 9 A.3d 222 (Pa. Super. 2010) (nolo contendere treated as guilty plea)