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COMMONWEALTH v. LUCAS (12/11/74)

SUPERIOR COURT OF PENNSYLVANIA


decided: December 11, 1974.

COMMONWEALTH
v.
LUCAS, APPELLANT

Appeal from order of Court of Common Pleas of Erie County, No. 594 of 1968, in case of Commonwealth of Pennsylvania v. Danny Lee Lucas.

COUNSEL

Robert D. Hain, for appellant.

Bernard L. Siegel, First Assistant District Attorney, and R. Gordon Kennedy, District Attorney, for Commonwealth, appellee.

Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Opinion by Cercone, J.

Author: Cercone

[ 231 Pa. Super. Page 127]

On September 9, 1968, the appellant pleaded guilty to burglary and assault with intent to kill. After petitioning the lower court under the Post Conviction Hearing Act, on February 7, 1973, his right to a direct appeal was restored nunc pro tunc. The only issue raised is whether appellant's guilty plea was invalid because it was not entered voluntarily, knowingly and intelligently. The appellant argues that the colloquy conducted prior to the acceptance of the guilty plea failed to establish (1) that the appellant understood the nature of the charges to which he pleaded guilty and (2) that there was a factual basis for the plea.

It is true that today a colloquy conducted prior to the acceptance of a guilty plea must show that the defendant understands the nature of the charges and the record must disclose that the elements of the crime or crimes charged were outlined in understandable terms. Commonwealth v. Ingram, 455 Pa. 198 (1974);

[ 231 Pa. Super. Page 128]

    if the plea had been induced by any promises or threats; asked if the defendant understood the consequences of entering the plea; asked if the defendant's plea was entered voluntarily of his own free will and because he was guilty and for no other reason; and, asked if the defendant had discussed this plea with his attorney. In light of the above colloquy we hold that the plea was voluntarily, knowingly and intelligently entered.

Order affirmed.

Disposition

Order affirmed.

19741211

© 1998 VersusLaw Inc.



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