Com. v. Ruiz Martinez, N.
Com. v. Ruiz Martinez, N. No. 1937 MDA 2016
| Pa. Super. Ct. | Aug 15, 2017Background
- Martinez pled guilty April 1, 2016 to one count of first‑degree burglary and was sentenced May 2, 2016 to 10–20 years’ imprisonment (standard and mandatory range aligned because of prior record).
- He did not file a direct appeal; filed a pro se PCRA petition on June 3, 2016 and counsel was appointed.
- At the PCRA evidentiary hearing, Martinez claimed trial counsel (Erin Thompson) was ineffective for failing to advise him he could withdraw his plea after the Commonwealth filed a mandatory sentencing notice and thus his plea was involuntary; language barrier (Spanish) was emphasized.
- The record included a 12‑page bilingual written guilty plea colloquy (signed March 30, 2016) and an on‑the‑record oral plea colloquy (April 1, 2016) with a court interpreter; Martinez acknowledged understanding the charges, rights, and that burglary carried a possible 10–20 year term.
- PCRA court denied relief November 28, 2016; PCRA counsel filed a Turner/Finley no‑merit letter and petition to withdraw; the Superior Court reviewed counsel’s submission, granted leave to withdraw, and affirmed denial of PCRA relief.
Issues
| Issue | Plaintiff's Argument (Martinez) | Defendant's Argument (Commonwealth / Trial Counsel) | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for not moving to withdraw the guilty plea after a mandatory sentencing notice was filed | Martinez: Counsel failed to tell him he could withdraw the plea after Commonwealth sought mandatory sentence; language barrier impaired comprehension; would have withdrawn plea | Trial counsel: Martinez executed bilingual written colloquy, orally confirmed understanding with interpreter present, was told possible 10–20 year exposure, and was satisfied with counsel’s representation | Held: Claim lacks merit — plea was knowing, voluntary, and intelligent; counsel not ineffective |
| Whether PCRA counsel properly sought withdrawal under Turner/Finley | Martinez: objected and sought continuance to retain counsel / preserve appellate rights | PCRA counsel: submitted a Turner/Finley no‑merit letter showing review and served Martinez with required notices | Held: Court found Turner/Finley requirements satisfied and granted leave to withdraw |
Key Cases Cited
- Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988) (procedure for counsel seeking to withdraw on collateral appeal)
- Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (companion authority on no‑merit/PCRA counsel withdrawal)
- Commonwealth v. Lynch, 820 A.2d 728 (Pa. Super. 2003) (PCRA review of ineffectiveness for guilty‑plea challenges)
- Commonwealth v. Kpou, 153 A.3d 1020 (Pa. Super. 2016) (plea colloquy requirements and manifest injustice standard)
- Commonwealth v. Turetsky, 925 A.2d 876 (Pa. Super. 2007) (defendant bound by sworn plea colloquy statements)
- Commonwealth v. Barndt, 74 A.3d 185 (Pa. Super. 2013) (plea voluntariness depends on whether counsel’s advice fell within range of competence)