Com. v. Raysor, B., 1508 WDA 2016

Background

Appellant Benjamin Raysor burglarized a fraternity house on June 16, 2013, stealing car keys, a laptop, and a cell phone and using the car to flee. He was charged with burglary and related theft/receiving counts.
On February 12, 2014, Raysor pleaded guilty to burglary, theft by unlawful taking, and receiving stolen property; plea was "open" with no agreed sentence; PSI and psychiatric exam were ordered.
Raysor waived completion of the PSI to avoid continued jail custody; at sentencing (May 6, 2014) Judge Machen discussed possible ranges and stated he was inclined to impose 5–10 years on the burglary count; Raysor confirmed he wished to proceed and said he was "fine with" the court’s plan.
The court imposed 5–10 years on the burglary conviction; Raysor did not file post-sentence motions or a direct appeal.
Raysor filed a timely PCRA petition alleging (1) trial counsel Lisa Phillips was ineffective for failing to consult about or file a direct appeal, and (2) counsel misrepresented that the plea would produce a 2–4 year sentence; an evidentiary hearing was held.
The PCRA court credited counsel’s testimony, found no request to file an appeal or credible proof of a promised 2–4 year term, denied relief, and the Superior Court affirmed and granted PCRA counsel’s Turner/Finley petition to withdraw.

Issues

Issue	Raysor's Argument	Phillips / Commonwealth's Argument	Held
Whether counsel was ineffective for failing to file or consult about a direct appeal	Raysor says Phillips promised to appeal or ignored his request to appeal after the sentence	Phillips testified Raysor did not request an appeal; she would have filed one if asked; record shows Raysor was advised of rights	Denied — no credible evidence he requested an appeal; PCRA court’s credibility finding affirmed
Whether counsel had a duty to consult about an appeal and whether prejudice exists	Raysor contends counsel failed to consult, so he lost the chance to appeal	Record and plea colloquy show appellate rights explained; sentencing below guideline; no reason to think a rational defendant would appeal	Denied — no deficiency or prejudice shown under Touw; no reasonable probability he would have appealed
Whether the guilty plea was involuntary due to a promised 2–4 year sentence	Raysor claims Phillips misrepresented a 2–4 year plea agreement that induced the plea	Judge explicitly discussed potential ranges and declared intent to impose 5–10 years; Raysor said he was "fine with" proceeding	Denied — record refutes existence of any 2–4 year agreement; plea was knowing and voluntary
Whether PCRA counsel’s Turner/Finley withdrawal was proper	N/A (procedural)	PCRA counsel reviewed record and filed an Anders-style brief explaining lack of meritorious issues; client received notice	Granted — appellate review found substantial compliance and agreed petition lacked merit

Key Cases Cited

Turner, 544 A.2d 927 (Pa. 1988) (counsel withdrawal procedures and obligations)
Finley, 550 A.2d 213 (Pa. Super. 1988) (no-merit withdrawal framework for collateral counsel)
Lantzy v. Commonwealth, 736 A.2d 564 (Pa. 1999) (failure to file a requested direct appeal constitutes prejudice per se)
Touw, 781 A.2d 1250 (Pa. Super. 2001) (duty to consult about appeal when a rational defendant would want to appeal)
Murray, 836 A.2d 956 (Pa. Super. 2003) (plea waives all defects except jurisdiction, invalidity of plea, and illegality of sentence)
Anders v. California, 386 U.S. 738 (U.S. 1967) (procedures for appellate counsel who finds no meritorious issues)