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COMMONWEALTH PENNSYLVANIA v. MARK RAY GEDDES AND CHARLES H. KNISELY (10/05/78)

SUPREME COURT OF PENNSYLVANIA


decided: October 5, 1978.

COMMONWEALTH OF PENNSYLVANIA
v.
MARK RAY GEDDES AND CHARLES H. KNISELY, APPELLANTS

No. 70 May Term, 1977, Appeal From the Opinion and Order Entered December 2, 1976, by the Court of Common Pleas of Mifflin County, Criminal Action at Nos. 56 and 106 of 1972, Murder, Burglary and Larceny.

COUNSEL

Thomas M. Torquato, Reedsville, Stephen W. Beik, Miller, Kistler, Campbell, Mittinger & Beik, State College, for appellants.

Francis A. Searer, Sp. Asst. Atty. Gen., for appellee.

Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix, Manderino and Packel, JJ.

Author: Per Curiam

[ 480 Pa. Page 534]

OPINION OF THE COURT

This is an appeal*fn* from a denial, after a hearing, of relief sought by appellants under the Post Conviction Hearing Act. 19 P.S. ยง 1180-1 et seq. (Supp. 1978-79). Appellants have raised the following allegations:

(1) trial counsel was ineffective for advising appellants to plead guilty to second degree murder;

[ 480 Pa. Page 535]

(2) there was an inadequate factual basis for the trial judge's acceptance of appellants' pleas;

(3) trial counsel was ineffective for failing to ensure that the guilty plea colloquy contained an on-the-record explanation of the elements of all crimes charged;

(4) appellants' guilty pleas were induced by illegal detention, unlawful arrest, and illegally obtained statements;

(5) the trial judge improperly participated in the plea bargaining process;

(6) trial counsel was ineffective for failing to request a change of venue.

We have considered appellants' contentions and find them to be without merit.

Affirmed.


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