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COMMONWEALTH PENNSYLVANIA v. JAMES EARLY CHANDLER (12/02/77)

decided: December 2, 1977.

COMMONWEALTH OF PENNSYLVANIA
v.
JAMES EARLY CHANDLER, II, APPELLANT



No. 827 October Term, 1976, Appeal from Sentence of the Court of Common Pleas of Berks County, Criminal Division, to 718 of 1975.

COUNSEL

Robert E. Kerper, Jr., Assistant Public Defender, and William F. Ochs, Jr., Public Defender, Reading, for appellant.

Charles M. Guthrie, Jr., Assistant District Attorney, Reading, for Commonwealth, appellee.

Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Watkins, President Judge, files a dissenting opinion in which Price and Van der Voort, JJ., join.

Author: Hoffman

[ 251 Pa. Super. Page 99]

Appellant contends that his guilty plea was not voluntarily and intelligently entered because the on-the-record guilty plea colloquy was inadequate.*fn1 We agree and, therefore, vacate the judgment of sentence and remand for a new trial.

On December 10, 1975, pursuant to a negotiated plea of guilty, appellant was sentenced on indictment No. 718 to confinement for not less than six months nor more than 36 months on a charge of carrying a firearm without a license.*fn2 This sentence was consecutive to a sentence of not less than one year nor more than two years of confinement on an escape charge*fn3 on indictment No. 993. In addition, appellant was ordered to pay a total of $1500, the costs of the two prosecutions.*fn4

Before accepting the sentencing recommendations of the Assistant District Attorney, the lower court conducted the following on-the-record colloquy:

"THE COURT: All right. Now, Mr. Chandler, do you understand that you have the right to -- do you understand what the charges against you presently are?

"THE DEFENDANT: Yes, Your Honor.

"THE COURT: With respect to the firearms or escape?

"THE DEFENDANT: Yes, Your Honor.

[ 251 Pa. Super. Page ...


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