Com. v. Reynolds, M.
824 MDA 2015
| Pa. Super. Ct. | Nov 15, 2016Background
- Mark G. Reynolds pled guilty (Nov. 18, 2013) to theft by deception, two counts of terroristic threats, and resisting arrest; sentenced Jan. 3, 2014 to concurrent terms (13–30 months and 9–18 months).
- Reynolds moved to serve his sentence in the county facility; motion denied and he appealed; Superior Court affirmed his direct appeal in Dec. 2014.
- Reynolds filed a pro se PCRA petition; counsel were appointed and replaced; a PCRA hearing was held April 10, 2015, and the PCRA court denied relief on the record.
- Reynolds appealed the PCRA denial; appellate counsel filed an Anders brief and a Turner/Finley petition to withdraw, raising (1) voluntariness/knowing nature of the guilty plea and (2) ineffective assistance of PCRA counsel for not obtaining or using a psychiatric evaluation.
- The Superior Court reviewed compliance with Turner/Finley and independently reviewed the record, denying relief and granting counsel’s motion to withdraw.
Issues
| Issue | Reynolds' Argument | Commonwealth/Trial Court Argument | Held |
|---|---|---|---|
| Whether guilty plea was knowing, voluntary, intelligent | Plea was involuntary because counsel failed to accurately advise about the sentence and Reynolds was under psychotropic medications | Plea was knowing: counsel advised of sentencing range; plea colloquy showed Reynolds understood and denied impairment; demeanor supported credibility of court | Denied — plea was voluntary and knowing; no arguable merit to ineffectiveness claim regarding plea |
| Whether PCRA counsel was ineffective for failing to obtain/use a psychiatric evaluation | PCRA counsel failed to pursue/obtain a court‑approved psychiatric evaluation that could show plea involuntariness | Claim unavailable on direct appeal because ineffective assistance of PCRA counsel cannot be raised for first time on appeal | Denied — claim not reviewable on appeal (procedural bar); no relief granted |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedural safeguards for counsel withdrawing on direct appeal)
- Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988) (Turner/Finley requirements for withdrawing counsel on collateral appeal)
- Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (procedural framework for counsel withdrawal on PCRA appeal)
- Commonwealth v. Freeland, 106 A.3d 768 (Pa. Super. 2014) (standards of review for PCRA ineffective-assistance claims)
- Commonwealth v. Hickman, 799 A.2d 136 (Pa. Super. 2002) (ineffectiveness claims tied to guilty pleas only succeed if they caused an involuntary/uninformed plea)
- Commonwealth v. Muhammad, 794 A.2d 378 (Pa. Super. 2002) (defendant bound by statements during plea colloquy)
- Commonwealth v. Spotz, 18 A.3d 244 (Pa. 2011) (trial court credibility findings afforded deference on appeal)
- Commonwealth v. Henkel, 90 A.3d 16 (Pa. Super. 2014) (ineffective assistance of PCRA counsel cannot be raised first on appeal)
- Commonwealth v. Ford, 44 A.3d 1190 (Pa. Super. 2012) (same principle barring first-time appellate claims of PCRA counsel ineffectiveness)
- Commonwealth v. Colavita, 993 A.2d 874 (Pa. 2010) (procedural bar on raising PCRA-counsel ineffectiveness for first time on appeal)