Commonwealth v. Kpou
153 A.3d 1020
| Pa. Super. Ct. | 2016Background
- Kpou pled guilty to PWID (crack and marijuana) and Criminal Conspiracy in Philadelphia County under a negotiated sentence of 11 1/2 to 23 months with immediate parole and 3 years’ reporting probation.
- Plea colloquy occurred on February 3, 2016; the court conducted a detailed open court inquiry into charges, rights, and consequences; the ADA recited facts tying Garbey to controlled buys at 6311 West Girard Ave.
- On February 5, 2016, Kpou moved to withdraw his plea asserting actual innocence; the trial court denied the motion on March 1, 2016; he timely appealed.
- Appellant argues that his post-sentence assertion of innocence should permit withdrawal of the plea under manifest injustice.
- The court explains that post-sentence withdrawal requires manifest injustice and that a bare assertion of innocence is not itself enough; it affirms the denial and thus the judgment of sentence.
- The court notes that pleading guilty binds the defendant to statements made in open court and that post-sentence innocence claims do not meet the manifest injustice standard absent coercion or other defects; Carrasquillo (2015) is cited regarding pre-sentence standards, and Myers (1994) regarding post-sentence limits on withdrawal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in denying post-sentence withdrawal of guilty plea. | Kpou argues actual innocence creates manifest injustice warranting withdrawal. | Commonwealth maintains bare innocence does not satisfy manifest injustice post-sentencing. | No error; post-sentence withdrawal not shown to be manifest injustice; appeal denied. |
Key Cases Cited
- Commonwealth v. Pollard, 832 A.2d 517 (Pa.Super. 2003) (pre-sentence withdrawal requires fair and just reason; burden on defendant to show knowing, voluntary plea)
- Carrasquillo v. Commonwealth, 115 A.3d 1284 (Pa. 2015) (bare innocence not per se pre-sentence withdrawal standard; colorable demonstration needed)
- Commonwealth v. Forbes, 299 A.2d 268 (Pa. 1973) (liberal pre-sentence withdrawal when fairness and justice; prejudice to Commonwealth limits)