Com. v. Wroten, E.
273 EDA 2016
| Pa. Super. Ct. | Jul 15, 2016Background
- On March 17, 2013, an altercation left the victim unconscious after being punched, falling and striking his head; appellant Edward Wroten was seen kicking the victim twice in the head. The victim suffered serious brain injury requiring surgery and a coma.
- Wroten was charged with simple assault, recklessly endangering another person, and aggravated assault.
- On February 6, 2014, Wroten pled guilty to aggravated assault and on April 9, 2014 was sentenced to 4 to 8 years’ imprisonment pursuant to a stipulation. No direct appeal was filed.
- Wroten filed a counseled PCRA petition (Feb. 4, 2015) asserting ineffective assistance of counsel for allegedly advising him to plead guilty; he sought to withdraw the plea.
- The PCRA court held evidentiary hearings (Sept. 15–16, 2015) and denied relief on December 18, 2015. Wroten timely appealed to the Superior Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ineffective assistance of counsel claims must be raised on collateral review | Wroten argued counsel gave inappropriate advice inducing his guilty plea | Commonwealth argued waiver rules and that trial counsel issues are generally reserved for PCRA | Court: Ineffective-assistance claims are properly raised in PCRA (Grant) and not waived by waiting for collateral review |
| Whether the trial court improperly involved itself in pretrial plea negotiations | Wroten claimed the court unlawfully participated in plea negotiations, inducing plea | Commonwealth argued this claim was not pleaded in the PCRA and thus waived on appeal | Court: Claim waived for failure to raise in PCRA; affirmed denial of relief |
| Whether Wroten is actually innocent of aggravated assault (entitled to PCRA relief) | Wroten contended he was guilty only of simple assault, not aggravated assault | Commonwealth pointed to Wroten’s admission he kicked victim in the head twice while victim was down, supporting aggravated assault | Court: Claim waived for not being pleaded; on merits, Wroten is not actually innocent because admitted conduct meets aggravated assault elements |
| Whether appellate procedural requirements were satisfied (concise statement) | Wroten did not present a concise statement issue | Commonwealth relied on PCRA court opinion to satisfy Pa.R.A.P. 1925 requirements | Court: PCRA court opinion sufficed; appellate issues are waived where not raised in PCRA petition |
Key Cases Cited
- Commonwealth v. Grant, 813 A.2d 726 (Pa. 2002) (trial counsel ineffectiveness claims generally deferred to collateral review)
- Commonwealth v. Dennis, 950 A.2d 945 (Pa. 2008) (issues not raised in PCRA petition are waived on appeal)
- Commonwealth v. Rodriquez, 673 A.2d 962 (Pa. Super. 1996) (kicking a person in the head while they are on the ground can constitute aggravated assault)
- Commonwealth v. Glover, 449 A.2d 662 (Pa. Super. 1982) (same principle regarding aggravated assault)
- Commonwealth v. Gregory, 406 A.2d 539 (Pa. Super. 1979) (en banc) (same principle regarding aggravated assault)