Com. v. Street, E.
215 MDA 2017
| Pa. Super. Ct. | Sep 12, 2017Background
- In November 2013 Edward Street forcibly entered two residences, assaulted victims, and stole property; he was charged at two dockets with burglary, aggravated assault, and robbery.
- On August 14, 2014 Street entered counseled open guilty pleas at both docket numbers; on November 7, 2014 the court imposed an aggregate sentence of 20–60 years at one docket and a concurrent 3–20 years at the other.
- Street did not withdraw his plea at sentencing or by timely post-sentence motion; this Court affirmed the judgment of sentence on direct appeal on June 26, 2015.
- Street filed a timely pro se PCRA petition (filed June 1, 2016 under the mailbox rule); counsel filed an amended petition alleging plea counsel’s ineffectiveness and an evidentiary hearing was held December 15, 2016.
- The PCRA court denied relief on January 11, 2017; appointed PCRA counsel filed a Turner/Finley no-merit letter and petition to withdraw, and this appeal followed.
Issues
| Issue | Street's Argument | Commonwealth/Defendant's Argument | Held |
|---|---|---|---|
| 1. Plea counsel ineffective for failing to test clothing for victims’ DNA | Counsel should have tested the pants for victims’ DNA; failure undermined plea advice | Counsel’s decision not to test was within reasonable strategic bounds given victim IDs; plea was voluntary | Denied — record supports plea voluntariness; counsel’s choice was within competent range |
| 2. Plea counsel misled Street about the sentence | Counsel misstated likely sentence, inducing an unknowing plea | Trial court colloquy and counsel testimony showed Street was informed of maximum; Street’s contrary testimony lacked credibility | Denied — PCRA court credited counsel; plea was knowing and voluntary |
| 3. Sentence illegal (exceeded lawful maximum / improper consecutive terms) | Aggregate sentence challenged as unlawful | Each first-degree felony sentence did not exceed 20-year statutory maximum; consecutive imposition is discretionary and lawful | Denied — sentences lawful and within statutory limits |
Key Cases Cited
- Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988) (procedural requirements for counsel seeking withdrawal on no-merit PCRA appeals)
- Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (Turner/Finley framework for PCRA counsel withdrawal)
- Commonwealth v. Wah, 42 A.3d 335 (Pa. Super. 2012) (standards for PCRA ineffectiveness claims and plea-stage counsel analysis)
- Commonwealth v. Wrecks, 931 A.2d 717 (Pa. Super. 2007) (Turner/Finley compliance and appellate review duties)
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedures for counsel seeking to withdraw for lack of meritorious issues)