433 Pa. 96 | Pa. | 1969
Opinion by
Louis 0. Savage (appellant) was indicted on a charge of murder for the stabbing death of Matthew Datts. On April 6, 1966, he entered a plea of guilty to murder generally and was convicted of voluntary manslaughter and sentenced to four to twelve years’ imprisonment. No direct appeal was taken.
Subsequently appellant filed a petition under the Post Conviction Hearing Act alleging that his guilty plea was entered without knowledge or understanding. A hearing was ordered for February 19, 1968. At the hearing, appellant testified he had not talked with his court-appointed lawyers about the crime until the day
Appellant raises two questions for our consideration. First, he contends, in the alternative, that the record establishes that he was not mentally competent to plead guilty or else more extensive tests and another hearing should be ordered to determine whether he was sufficiently competent to plead. Second, he contends that his guilty plea was not made knowingly and intelligently.
The test governing the competency of an accused to plead guilty was set forth by this Court in Commonwealth ex rel. Hilberry v. Maroney, 424 Pa. 498, 495, 227 A. 2d 159 (1967) : “[T]he test to be applied in determining the legal sufficiency of his mental capacity to stand trial, or enter a plea at the time involved, is not the M’Naghten ‘right or wrong’ test, but rather his ability to comprehend his position as one accused of murder and to cooperate with his counsel in making a rational defense. [Citing authorities]. Or stated another way, did he have sufficient ability at the pertinent time to consult with his lawyers with a reasonable degree of rational understanding, and have a rational as well as a factual understanding of the proceedings against him.” See: Commonwealth v. Harris, 431 Pa. 114, 116-17, 243 A. 2d 408 (1968). In a post-conviction hearing, the burden of proof is on the petitioner to prove that he was not competent to plead
Appellant’s alternative request for additional psychological studies and a further hearing is more difficult. We have held that a petitioner is entitled to a hearing if, accepting as true all allegations of fact which are nonfrivolous, specific, and not controverted by the record, his plea would be vitiated: Commonwealth v. Stokes, 426 Pa. 265, 268, 232 A. 2d 193 (1967). See also: Commonwealth v. Johnson, 431 Pa. 522, 532, 246 A. 2d 345 (1968); Commonwealth v. Sapp, 428 Pa. 377, 378, 238 A. 2d 208 (1968). There is no question that if appellant’s allegations to the effect that he was not mentally competent to plead guilty are true, he is entitled to relief. In denying appellant’s request for a further hearing, the hearing judge ruled instead that the facts contained in appellant’s petition were contradicted by the record. After reviewing the record, we are convinced the hearing judge ruled correctly.
There is no question that appellant is of low intelligence. The fact that he is of low intelligence, however, does not necessarily mean that he was not competent to plead guilty as defined in Hilberry. The classification report terming appellant a mental defective is the only substantial evidence in the case supporting appellant’s allegations. We feel that this report is more than offset by what transpired at the degree of guilt and post-conviction hearings.
Appellant was represented at his degree of guilt hearing by two court-appointed attorneys. One testified that he had discussed the case and all the rami
We conclude, therefore, that the record refutes the appellant’s contention that he was incompetent to stand trial and the hearing judge was correct in denying appellant’s request for further hearing on this contention.
Appellant’s second argument before us is that his plea was not knowingly, and intelligently made. On this score, we have suggested on numerous occasions that the trial judge make a searching inquiry of the
Therefore, we conclude that appellant’s decision to plead guilty was made knowingly and intelligently.
Order affirmed.
The judge asked appellant whether he knew he had been charged with murder, whether he intended to plead guilty, whether he had discussed this plea with his attorneys, whether he understood the consequences of pleading guilty, including the various possible crimes of which he could be convicted and their penalties, and whether he understood that he had a right to a jury trial. He also asked the attorneys whether they had discussed these various points with the appellant.