Com. v. Yeiser, S.
712 WDA 2016
| Pa. Super. Ct. | Dec 20, 2017Background
- Yeiser, an inmate, was alleged to have ingested marijuana by swallowing balloons passed to him in a prison visiting room.
- Three balloons containing marijuana (total 2.98 grams) were recovered after his stool was examined.
- He waived preliminary hearing and pled guilty to Possession of Contraband/Inmate in a negotiated plea.
- Sentencing on April 4, 2016 imposed a consecutive sentence to his prior incarceration.
- Yeiser filed a post-sentence motion; the court denied it.
- On appeal, the Superior Court remanded for a counseled Rule 1925(b) statement and a new Rule 1925(a) opinion; counsel later sought to withdraw under Anders; the court eventually affirmed the judgment of sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 590(B)(2) requires an on-record plea colloquy. | Yeiser argues the court failed to conduct an on-record colloquy. | Commonwealth contends the issue is waived and need not be reviewed. | Waived; the issue is not reviewable on direct appeal. |
Key Cases Cited
- Commonwealth v. Lincoln, 72 A.3d 606 (Pa.Super. 2013) (waiver of challenge to guilty plea when not raised at plea or in post-sentence motion)
- Commonwealth v. Rush, 959 A.2d 945 (Pa.Super. 2008) (claims to withdraw plea on involuntariness must be raised in trial court)
- Commonwealth v. Porreca, 595 A.2d 23 (Pa. 1991) (on-record plea acceptance requirement when a plea agreement exists)
- Commonwealth v. Gunter, 771 A.2d 767 (Pa. 2001) (written colloquy plus on-the-record examination to validate knowing plea)