Com. v. Morris, D., Com. v. Morris, D. No. 3416 EDA 2016

On August 12, 2013, Dawud Morris served as the getaway driver for a planned armed robbery of a TD Bank; others entered the bank with guns. Morris remained in the vehicle.
Charged with numerous offenses, Morris entered an open guilty plea on September 17, 2014 to conspiracy to commit robbery (first-degree felony).
At the plea colloquy Morris affirmed he had time to consult counsel, understood the elements and penalties, and that the plea was open (no sentencing agreement).
Sentenced December 3, 2014 to 5–10 years’ incarceration plus 10 years of probation; post-sentence motion denied.
Morris filed a timely PCRA petition (March 3, 2016) claiming plea counsel was ineffective for failing to advise him that the offense was a first-degree felony and failing to explain sentencing ramifications; the PCRA court held an evidentiary hearing, credited counsel’s testimony, and denied relief.
The Superior Court affirmed, finding the record supports the PCRA court’s credibility findings and that Morris knowingly, voluntarily, and intelligently entered his plea.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether plea counsel’s alleged misadvice about grading and sentencing caused an involuntary plea	Morris: counsel failed to advise that the offense was an F-1 and failed to explain sentencing ramifications, inducing an uninformed plea	Commonwealth/PCRA court: counsel informed Morris of the offense grade and possible maximum, and instructed him to answer plea colloquy truthfully; Morris answered he understood the consequences	Held: Claim fails — PCRA court credited counsel, Morris’s plea was knowing, voluntary, and intelligent; ineffective-assistance not shown

Commonwealth v. Conway, 14 A.3d 101 (Pa. Super. 2011) (standard of review for PCRA denial)
Commonwealth v. Boyd, 923 A.2d 513 (Pa. Super. 2007) (deference to PCRA court factual findings)
Commonwealth v. Ford, 44 A.3d 1190 (Pa. Super. 2012) (appellate review of legal conclusions)
Commonwealth v. Abu-Jamal, 720 A.2d 79 (Pa. 1998) (credibility determinations by trier of fact)
Commonwealth v. Gonzalez, 858 A.2d 1219 (Pa. Super. 2004) (presumption counsel effective)
Commonwealth v. Turetsky, 925 A.2d 876 (Pa. Super. 2007) (three‑prong ineffective assistance test)
Commonwealth v. Steele, 961 A.2d 786 (Pa. 2008) (failure to prove any prong disposes claim)
Commonwealth v. Moser, 921 A.2d 526 (Pa. Super. 2007) (ineffective assistance tied to involuntary plea)
Commonwealth v. Hickman, 799 A.2d 136 (Pa. Super. 2002) (same principle for guilty pleas)
Commonwealth v. Fluharty, 632 A.2d 312 (Pa. Super. 1993) (totality of circumstances test for plea validity)
Commonwealth v. Pollard, 832 A.2d 517 (Pa. Super. 2003) (presumption defendant aware when pleading guilty)
Commonwealth v. Kelly, 5 A.3d 370 (Pa. Super. 2010) (pleas should not be used as sentence-testing)