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COMMONWEALTH PENNSYLVANIA v. GEORGE BANE (04/12/79)

submitted: April 12, 1979.

COMMONWEALTH OF PENNSYLVANIA,
v.
GEORGE BANE, APPELLANT



No. 269 April Term, 1978, Appeal from the Order denying Application to Withdraw a Guilty Plea entered on November 1, 1977, in the Court of Common Pleas of Allegheny County, Pennsylvania, Criminal Division, at No. CC7703163.

COUNSEL

Lester G. Nauhaus, Public Defender, Pittsburgh, for appellant.

Robert L. Eberhardt, Assistant District Attorney, Pittsburgh, for Commonwealth, appellee.

Cercone, President Judge, and Wieand and Hoffman, JJ. Cercone, President Judge, files a concurring opinion.

Author: Wieand

[ 272 Pa. Super. Page 161]

George Bane, a 16 year old juvenile, was certified by the Family Division of the Court of Common Pleas of Allegheny County for trial as an adult on charges of burglary, theft, receiving stolen property, and conspiracy. On July 14, 1977, he entered a plea of guilty to all counts, and on September 21, 1977, he was sentenced to the State Correctional Institution at Camp Hill. Less than a week later he filed a petition

[ 272 Pa. Super. Page 162]

    to withdraw his plea of guilty. Following hearing thereon, his request was denied, and an appeal was filed to this court. We affirm.

Where, as here, the withdrawal of a guilty plea is sought only after sentence has been imposed, a showing of prejudice on the order of manifest injustice is required before withdrawal can be justified. Commonwealth v. Starr, 450 Pa. 485, 490, 301 A.2d 592, 595 (1973); Commonwealth v. Stokes, 264 Pa. Super. 515, 516, 400 A.2d 204, 205 (1979); Commonwealth v. Mitchell, 262 Pa. Super. 268, 396 A.2d 748 (1978).

In this case, appellant has demonstrated no manifest injustice that would warrant the withdrawal of his guilty plea. The colloquy conducted by the trial judge, as appellant concedes, was thorough and complete. There is no suggestion that appellant is innocent of the crimes charged or that his plea of guilty was unintelligently or involuntarily entered.

At the hearing before the court below, appellant argued that he should be permitted to withdraw his plea of guilty because his mother was not present when his plea was entered. We know of no decision which requires that in order for a valid plea of guilty to be entered by a juvenile he must be accompanied not only by counsel but by a parent as well. On the contrary, after a juvenile has been certified for trial as an adult, he must be treated as an adult and accorded the rights thereof. Commonwealth v. Frisby, 451 Pa. 16, 301 A.2d 610 (1973).

The evidence in this case, moreover, unequivocally refutes any assertion that the guilty plea was manifestly unfair or unjust. In the first place, the plea of guilty had been discussed with appellant's mother prior to its entry, and she had acquiesced therein. Secondly, appellant was represented by competent counsel who was present when the plea was entered. See: Commonwealth v. Smith, 472 Pa. 492, 372 A.2d 797 ...


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