223 A.3d 715
Pa. Super. Ct.2019Background:
- William Moises Torres pled guilty (Feb 18, 2009) to two counts of third-degree murder and was sentenced (Mar 26, 2009) to 20 to 40 years under a negotiated plea.
- Torres did not file a direct appeal; he filed multiple post-conviction filings: a 2010 PCRA (withdrawn), a 2016 PCRA (denied), and a 2018 motion for modification (denied).
- On Mar 13, 2019 Torres filed a "Motion to Modify Sentence Nunc Pro Tunc," claiming his brain was not fully developed at age 20 and citing a good prison record; trial court denied it Mar 14, 2019.
- Torres also argued the court failed to advise him of appellate/post-sentence rights under Pa.R.Crim.P. 704/720, which he said excused the late filing.
- The record showed Torres executed Spanish-language guilty plea and post-sentence colloquy forms and stated on the record he understood them; the trial court found no breakdown in process and denied the motion; this appeal followed.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Characterization and timeliness of the filing | Motion is a lawful nunc pro tunc modification request filed years later | Filing is an untimely post-sentence motion (subject to PCRA rules) | Court treated it as an untimely post-sentence motion and dismissed |
| Whether court's failure to advise rights excused lateness (breakdown) | Trial court failed to comply with Rule 704/720; extraordinary circumstances excusing late filing | Record shows Spanish plea and post-sentence colloquies were provided and understood; no breakdown | No breakdown; failure-to-advise claim rejected |
| Merits: discretionary aspects of sentence (youth/brain development; prison record) | Youth/brain immaturity and good institutional record justify sentence modification | Discretionary-sentencing claims are not cognizable under the PCRA and are waived by a negotiated plea | Claim not cognizable under PCRA and waived by negotiated plea; even if timely, would be forfeited |
Key Cases Cited
- Commonwealth v. Fowler, 930 A.2d 586 (Pa. Super. 2007) (post-judgment pleadings filed after sentence final should be treated as PCRA petitions)
- Commonwealth v. Wrecks, 934 A.2d 1287 (Pa. Super. 2007) (multi-year-late motions to modify sentence treated as untimely post-sentence motions)
- Commonwealth v. Patterson, 940 A.2d 493 (Pa. Super. 2007) (trial-court failure to inform a defendant of post-sentence rights can constitute a court-process breakdown excusing late filing)
- Commonwealth v. DiClaudio, 210 A.3d 1070 (Pa. Super. 2019) (challenge based on trial court's failure to consider mitigating factors attacks discretionary aspects of sentence)
- Commonwealth v. Stewart, 867 A.2d 589 (Pa. Super. 2005) (a negotiated guilty plea waives discretionary-aspects-of-sentence claims)