Commonwealth v. Lincoln
72 A.3d 606
| Pa. Super. Ct. | 2013Background
- Appellant, Robert Lincoln, pled guilty to Robbery, Aggravated Assault, and Attempted Murder in exchange for a negotiated sentence.
- Trial court sentenced: 16–40 years for Attempted Murder and 20 years’ probation for Robbery, consecutive; Aggravated Assault merged with Attempted Murder; other charges nolled.
- Appellant filed multiple appeals and PCRA proceedings; various appellate steps followed through 2011, including habeas relief in federal court.
- A prior memorandum decision recited the 2002 facts: violent beating, robbery of social security proceeds, and neglect of the victim and children.
- Appellant challenged the plea on grounds of misstatement of maximum sentence, lack of consent to elements, and overall voluntariness of the plea.
- The court held that, under waiver principles and preservation rules, the direct-appeal review of the plea validity was not proper at that time.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the plea invalid due to misinforming maximum sentence? | Lincoln | Lincoln | Waived review; not properly reviewable on direct appeal |
| Did entering plea to attempted murder despite denial of a crucial element violate rules? | Lincoln | Lincoln | Waived; no direct review available; materiality governs later PCRA analysis |
| Was the guilty plea knowing, intelligent, and voluntary given lack of element explanation? | Lincoln | Lincoln | Waived; review deferred; affirmance of judgment |
Key Cases Cited
- Commonwealth v. Pantalion, 957 A.2d 1267 (Pa. Super. 2008) (waiver of direct-appeal challenges to plea)
- Boykin v. Alabama, 395 U.S. 238 (1969) (knowing and voluntary guilty plea waives rights)
- Peretz v. United States, 501 U.S. 923 (1991) (most basic rights subject to waiver)
- Johnson v. Zerbst, 304 U.S. 458 (1938) (sixth Amendment right to counsel may be waived)
- Commonwealth v. Rush, 959 A.2d 945 (Pa. Super. 2008) (preservation requirements for issues on appeal)
- Commonwealth v. Lenhoff, 796 A.2d 338 (Pa. Super. 2002) (materiality of maximum-sentence misstatement in plea)
- Commonwealth v. Barbosa, 819 A.2d 81 (Pa. Super. 2003) (materiality analysis for plea miscalculation varies by context)