Commonwealth v. Kelley
136 A.3d 1007
| Pa. Super. Ct. | 2016Background
- Appellant Kelley pled guilty to forgery, corruption of minors, and resisting arrest under a plea agreement that fixed a 21–60 month sentence and an effective date of June 12, 2013.
- Parolees’ backtime: the backtime from Appellant’s original parole sentence was to be served before commencing the new sentence per 61 Pa.C.S.A. § 6138(a)(5)(i).
- The negotiated sentence was intended to start on the arrest date (June 12, 2013), but the record later showed the effective start date differed.
- Appellant learned the new sentence could not be implemented as agreed due to the Parole Act sequencing, raising claims of an illegal sentence and ineffective assistance of plea counsel.
- The PCRA court denied relief; the Superior Court reversed and remanded for further proceedings.
- The court concluded the plea counsel’s advice regarding an illegal sentence fell below constitutional competence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the PCRA court err in denying relief on the benefit-of-the-bargain claim? | Kelley | Commonwealth | Yes; the plea was illegal and unenforceable; remand warranted. |
| Was plea counsel ineffective for advising a plea that could not be implemented under the Parole Act? | Kelley | Commonwealth | Yes; deficient guidance and knowledge of Parole Act; relief appropriate. |
| Was the underlying sentence illegal given backtime requirements? | Kelley | Commonwealth | Yes; sentence violates 61 Pa.C.S.A. § 6138(a)(5)(i); remand for relief. |
Key Cases Cited
- Commonwealth v. Pollard, 832 A.2d 517 (Pa. Super. 2003) (valid guilty plea must be knowingly, voluntarily and intelligently entered)
- Commonwealth v. Moser, 921 A.2d 526 (Pa. Super. 2007) (ineffectiveness when plea advice leads to involuntary plea)
- Commonwealth v. Barndt, 74 A.3d 185 (Pa. Super. 2013) (ineffective assistance where misinfo about backtime)
- Lawrence v. Pa. Dept. of Corrections, 941 A.2d 70 (Pa. Cmwlth. 2007) (backtime sequencing makes concurrent backtime illegal)
- Commonwealth v. I. Watson, 945 A.2d 174 (Pa. Super. 2008) (illegal sentence remedy when statutory sequence violated)
- Commonwealth v. G. Watson, 835 A.2d 786 (Pa. Super. 2003) (plea colloquy and voluntariness evaluation)
- Commonwealth v. Pierce, 537 Pa. 514 (1994) (threshold inquiry for ineffectiveness claims in plea)
- Commonwealth v. Gonzalez, 858 A.2d 1219 (Pa. Super. 2004) (presumes counsel effectiveness; high deference to PCRA findings)