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COMMONWEALTH v. ESKRA (09/22/75)

decided: September 22, 1975.

COMMONWEALTH
v.
ESKRA, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Lycoming County, No. 74-10,080, in case of Commonwealth of Pennsylvania v. Henry J. Eskra.

COUNSEL

Kenneth Dale Brown, Assistant Public Defender, for appellant.

Allen E. Ertel, District Attorney, for Commonwealth, appellee.

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

Author: Hoffman

[ 235 Pa. Super. Page 576]

Appellant contends that the lower court erred in accepting his guilty plea because at the time the plea was offered, appellant asserted facts inconsistent with guilt.

On December 9, 1973, appellant was charged in a criminal complaint with indecent assault, attempted rape, and assault. Pursuant thereto, a preliminary hearing was held on February 4, 1974, at which time appellant was bound over for trial. On May 20, 1974, appellant appeared for trial at the Lycoming County Court House, Williamsport. Appellant entered into a plea bargain whereby the

[ 235 Pa. Super. Page 577]

    district attorney agreed to dismiss the charge of attempted rape on the conditions that appellant plead guilty to indecent assault, and that appellant seek professional help for his "problem."*fn1

After the plea arrangement was presented to the court, the following colloquy took place:

"Q. [by the court] I will accept the plea. Now, are you pleading guilty of your own free will?

"A. [by appellant] Yes, Sir.

"Q. With the full understanding of what the ...


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