Com. v. Weaver, J.
1263 EDA 2016
| Pa. Super. Ct. | Oct 18, 2016Background
- Weaver's June 16, 2013 car crash; strong odor of alcohol; slurred speech and multiple beer cans observed at scene.
- BAC measured at .237% within an hour after the accident; medical records later obtained by the Commonwealth.
- Weaver pleaded guilty on April 8, 2014 to two aggravated assaults by vehicle while DUI, plus DUI and DWOPS; plea was negotiated and voluntary.
- Sentencing on April 15, 2014: two consecutive 18–36 month terms for aggravated assault; 90 days for DWOPS; DUI merged for sentencing.
- Weaver did not appeal directly; he later filed PCRA petitions beginning in 2015; counsel appointed; Turner/Finley review occurred.
- PCRA court denied the petition on April 14, 2016; Weaver timely filed a notice of appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether innocence evidence defeats the DWOPS plea defense | Weaver alleges license restoration pending appeal negates DWOPS guilt | Plea and records show license was suspended by statute; cannot overturn plea on innocence claim | Ineligible for PCRA relief; innocence claim rejected; plea knowingly entered |
| Ineffective assistance for failing to investigate innocence | Counsel failed to investigate innocence of the DWOPS charge | Weaver was advised, entered negotiated plea; no basis to claim ineffectiveness | No relief; plea was knowing and voluntary; ineffectiveness claim fails |
| Credit for time served under 9760 and sentencing calculations | Request credit for time served; sought accurate calculation | Time served credits already allocated elsewhere; cannot double-credit | Weaver not entitled to additional PCRA relief; 9760 credits exhausted and improperly double-counted |
| Right to discovery and access to police/medical records for PCRA | Should have had access to police reports and medical records to present defense | Record supports knowing, voluntary plea; discovery requests without merit | Claim lacking merit; court's decision affirmed |
Key Cases Cited
- Commonwealth v. Ousley, 21 A.3d 1238 (Pa. Super. 2011) (limits PCRA review to supported record and legal error)
- Commonwealth v. Matin, 832 A.2d 1141 (Pa. Super. 2003) (ineligibility for PCRA relief when sentence already completed)
- Commonwealth v. Timchak, 69 A.3d 765 (Pa. Super. 2013) (ineffective assistance where defendant pleads; need showing of prejudice)
- Commonwealth v. Rathfon, 899 A.2d 365 (Pa. Super. 2006) (prejudice requirement in guilty plea ineffectiveness claims)
- Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988) (Turner/Finley approach to no-merit letters in PCRA)
- Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (en banc; framework for evaluating PCRA claims via no-merit letter)