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COMMONWEALTH PENNSYLVANIA v. CURTIS STOKES (03/28/79)

decided: March 28, 1979.

COMMONWEALTH OF PENNSYLVANIA,
v.
CURTIS STOKES, APPELLANT



Nos. 317 April Term, 1978 456 April Term, 1978, Appeal from the Judgment of Sentence entered on September 28, 1977, in the Court of Common Pleas of Allegheny County, Pennsylvania, Criminal Division and the Order of Court (denial of Guilty Plea) entered on November 17, 1977 at Nos. CC7700566 & CC7700567.

COUNSEL

Lester G. Nauhaus, Assistant Public Defender, Deputy Director, Pittsburgh, for appellant.

Robert E. Colville, District Attorney, Pittsburgh, for Commonwealth, appellee.

Cercone, Wieand and Hoffman, JJ.

Author: Wieand

[ 264 Pa. Super. Page 516]

Curtis Stokes entered pleas of guilty to two counts of delivering heroin and one count of conspiracy to deliver heroin. Pursuant to a plea bargain, other charges against Stokes were dismissed. He was sentenced to serve concurrent terms of imprisonment of not less than 7 1/2 years nor more than 15 years. Petitions to withdraw his pleas of guilty and to reconsider the sentences were filed after sentence had been imposed and were denied by the trial court. Stokes appeals from the judgment of sentence and from the order denying his motion to withdraw the pleas of guilty. He alleges that his pleas of guilty should not have

[ 264 Pa. Super. Page 517]

    been accepted because the colloquy and evidence received at the time of entering his guilty pleas revealed that he had a defense of entrapment. He also alleges that there was no factual basis for the entry of a guilty plea to the charge of conspiracy and that his counsel was ineffective for permitting him to enter a plea of guilty to that charge. We find no merit in these arguments and affirm.

The evidence discloses that on October 29, 1976, William Patrick Bowman, a deputy sheriff working undercover, was introduced to appellant and one Charles Williams. Bowman told appellant that he wanted to purchase some heroin, whereupon appellant set a price of $550 for a quarter ounce of "good quality heroin." Bowman paid this amount and appellant left to get the heroin. Several hours later he returned and requested an additional $50 for the heroin. Bowman paid this additional sum and received the heroin.

On November 3, 1976, Bowman called appellant and told him he wanted to buy more heroin. Appellant said he would get the heroin, and it was agreed that the delivery would take place at appellant's home. When Bowman arrived, however, appellant and his wife informed Bowman that they only had 1/4 ounce but assured him they could get more and would have it if Bowman returned in several hours. Bowman returned as requested, and a discussion ensued concerning the quality of the heroin. As a result, a new price was negotiated between Bowman and appellant's wife. When the negotiated price had been paid, a quantity of heroin was delivered to Bowman. Bowman subsequently learned that the heroin was deficient by 1/4 ounce. He called to complain, and appellant's wife answered the call. She arranged for the delivery of an additional amount of heroin to make up the shortage.

The standard for determining when a petition to withdraw a guilty plea, filed after sentencing, should be granted was set forth in Commonwealth v. Starr, 450 Pa. 485, 490, 301 A.2d 592, 595 (1973), as follows: "Where, as here, the withdrawal of the plea is sought only after sentence has been imposed, a showing of prejudice on the order

[ 264 Pa. Super. Page 518]

    of manifest injustice is required before withdrawal is properly justified." Accord: Commonwealth v. Mitchell, 262 Pa. Super. 268, 396 A.2d 748 (1978); Commonwealth v. Rosmon, 477 Pa. 540, 384 A.2d 1221 (1978). There is in the instant case no ...


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