Com. v. Sinclair, D.
1118 WDA 2020
| Pa. Super. Ct. | Aug 9, 2021Background
- Sinclair was charged in two Lawrence County dockets (2017 and 2018) including receiving stolen property and possession of a firearm with obliterated serial number; other charges were filed but he pleaded to one count on each docket.
- On April 17, 2019 Sinclair entered guilty pleas in exchange for the Commonwealth recommending concurrent terms of 1–4 years; sentencing occurred May 2, 2019.
- Sinclair did not file a direct appeal; he was released on parole in July 2019 and filed a pro se PCRA petition (Aug. 15, 2019), alleging counsel coerced his plea and later refused to withdraw it; counsel was appointed and amended the petition.
- PCRA hearings elicited testimony from Sinclair, trial counsel Lawrence Keith, an investigator, and an assistant public defender; the plea colloquy on the record showed Sinclair admitted the facts and said he was satisfied with counsel.
- The PCRA court found counsel credible, concluded the plea was knowing, voluntary, and intelligent, denied relief on Sept. 21, 2020; the Superior Court affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the guilty plea knowingly, voluntarily, and intelligently entered (coercion claim)? | Sinclair: counsel became angry after he rejected an earlier offer, used insulting language, threatened worse results if he went to trial, and pressured him during an off-record "time out," so the plea was coerced. | Keith/Commonwealth: counsel advised plea strategy, was brusque but did not coerce; Sinclair completed written and oral plea colloquies, admitted facts, and affirmatively stated satisfaction with counsel. | Court: plea was knowing, voluntary, intelligent; credibility credited to counsel; coercion claim rejected. |
| Was counsel ineffective for failing, upon request, to withdraw the plea before sentencing? | Sinclair: he repeatedly asked to withdraw and counsel refused to file a motion to withdraw. | Keith/Commonwealth: no credible request to withdraw was made before sentencing; investigator and assistant PD testimony corroborate. | Court: no evidence counsel was asked to withdraw pre-sentencing; no ineffectiveness. |
| Did a manifest injustice occur because the plea was coerced? | Sinclair: involuntary plea caused manifest injustice warranting withdrawal. | Commonwealth: record and plea colloquy show voluntariness; defendant had prior trial experience and knowingly chose to plead. | Court: no manifest injustice; plea voluntary. |
| Can Sinclair now contradict his on-the-record plea colloquy statements? | Sinclair: asserts coercion despite prior on-the-record affirmations. | Commonwealth: a defendant is bound by statements made under oath at plea colloquy and may not later contradict them. | Court: applied binding precedent—colloquy statements preclude collateral contradiction. |
Key Cases Cited
- Commonwealth v. Ford, 44 A.3d 1190 (Pa. Super. 2012) (standard of review for PCRA dismissals)
- Commonwealth v. Treiber, 121 A.3d 435 (Pa. 2015) (trial court credibility findings are binding if supported by record)
- Commonwealth v. Diggs, 220 A.3d 1112 (Pa. Super. 2019) (PCRA timeliness rule)
- Commonwealth v. Mitchell, 105 A.3d 1257 (Pa. 2014) (ineffectiveness in plea context requires showing involuntariness)
- Commonwealth v. Chmiel, 30 A.3d 1111 (Pa. 2011) (Pierce test elements for ineffectiveness claims)
- Commonwealth v. Pierce, 527 A.2d 973 (Pa. 1987) (establishes ineffectiveness framework)
- Commonwealth v. Muhammad, 794 A.2d 378 (Pa. Super. 2002) (defendant bound by on-the-record plea statements)
- Commonwealth v. Kpou, 153 A.3d 1020 (Pa. Super. 2016) (Rule 590 factors and evaluation of plea voluntariness)
- Commonwealth v. Forbes, 299 A.2d 268 (Pa. 1973) (pre-sentence plea-withdrawal standard: fairness and justice)
- Commonwealth v. Brown, 48 A.3d 1275 (Pa. Super. 2012) (plea colloquy statements bar later contradictory claims)