No. 49 April Term, 1977, Appeal from Judgment of Sentence of the Court of Common Pleas of Blair County, Pennsylvania, Criminal Division, Entered to C.A. No. 541 of 1976.
John R. Woodcock, Jr., Public Defender, Hollidaysburg, for appellant.
Edward S. Newlin, Assistant District Attorney, and Amos C. Davis, District Attorney, Hollidaysburg, submitted a brief for Commonwealth, appellee.
Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price and Spaeth, JJ. Jacobs, President Judge, concurs in the result. Hoffman and Spaeth, JJ., dissent and would remand for resentencing pursuant to Commonwealth v. Riggins,
[ 256 Pa. Super. Page 424]
This is an appeal from a judgment of sentence of the Court of Common Pleas of Blair County, Criminal Division imposed after appellant's petition to withdraw his guilty plea was denied.
Appellant was charged with aggravated assault, harassment, resisting arrest and disorderly conduct as the result of an altercation with a police officer on May 21, 1976. He pleaded guilty to aggravated assault in return for the nol prossing of the other charges, and was sentenced to two and a half to seven and a half years' imprisonment. He now contends that his plea was involuntary and his sentence excessive.
[ 256 Pa. Super. Page 425]
Three arguments are made in support of the first contention. The first of these is that the plea was entered without knowledge of the elements of the charge of aggravated assault. The following excerpt from the colloquy refutes this assertion:
"Q. The section of the Crimes Code providing for the charge of aggravated assault provides that a person is guilty of aggravated assault if he attempts to cause serious bodily injury to another or causes such injury either intentionally, knowingly or recklessly under certain circumstances manifesting extreme indifference to the value of human life, and in this particular case the Commonwealth probably relies upon Subsection 3 of that section which reads as follows:
A person is guilty of aggravated assault if he attempts to cause or intentionally or knowingly causes bodily injury to a police officer making or attempting to make a lawful arrest.
Do you understand what the Act of Assembly provides in that Sub-section?
Q. That the police officers were attempting to make a lawful arrest and you intentionally or knowingly on your part caused ...