Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

COMMONWEALTH PENNSYLVANIA v. LARRY BRUNNER (09/27/76)

decided: September 27, 1976.

COMMONWEALTH OF PENNSYLVANIA
v.
LARRY BRUNNER, APPELLANT



Appeal from the judgment of sentence of Cirillo, J., dated April 21, 1975, in the Court of Common Pleas of Montgomery County, Pa., Criminal Div., No. 4616 October Term 1974, Criminal Action Nos. 4616, 4616.1, 4616.2 of 1974 No. 1253 October Term 1975.

COUNSEL

Calvin S. Drayer, Jr., Asst. Public Defender, Norristown, for appellant.

Milton O. Moss, Dist. Atty., William T. Nicholas, 1st. Asst. Dist. Atty., Stewart J. Greenleaf, Asst. Dist. Atty., Chief, Appeals Div., Norristown, for appellee.

Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Jacobs and Van der Voort, JJ., concur in the result.

Author: Spaeth

[ 243 Pa. Super. Page 56]

Appellant was indicted for criminal conspiracy, possession of a prohibited offensive weapon, and violations of the Controlled Substance, Drug, Device and Cosmetic Act, Act of April 14, 1972, P.L. 233, No. 64, § 1 et seq., 35 P.S. § 780-101 et seq. On April 21, 1975, in accordance

[ 243 Pa. Super. Page 57]

    with a negotiated plea agreement, appellant pleaded guilty to selected counts of each indictment. The same day appellant was sentenced to pay costs and undergo imprisonment for two to ten years for possession of a controlled substance with intent to deliver as charged in Indictment No. 4616 of 1974. Sentence was suspended on the other indictments. This direct appeal followed.

Appellant raises two primary issues on appeal: that his guilty plea colloquy was inadequate, and that the sentence was illegal. Appellant is correct on both issues.

The guilty plea colloquy was inadequate in that the record does not disclose that the elements of the crime charged were outlined to appellant in understandable terms as required by Commonwealth v. Ingram, 455 Pa. 198, 316 A.2d 77 (1974). See Henderson v. Morgan, 426 U.S. 637, 96 S.Ct. 2253, 49 L.Ed.2d 108 (1976). The record rather discloses that appellant was informed only of the names of the charges against him:

Q. . . . You understand that you are pleading guilty to several crimes, one of which is a possession of a certain weapon to wit: a certain knife.

A. Right.

Q. Do you ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.