No. 2347 Philadelphia, 1981, Appeal from Order of the Court of Common Pleas, Criminal Division, of Montgomery County, No. 3883-76
Frank H. Morgan, Ardmore, for appellant.
Joseph A. Smyth, District Attorney, Norristown, for Commonwealth, appellee.
Wieand, Beck and Hoffman, JJ.
[ 307 Pa. Super. Page 222]
Eddie Warren entered negotiated pleas of guilty to burglary and conspiracy on March 18, 1977. He was sentenced to a term of imprisonment of not less than three nor more than 23 months for burglary, to be followed by a three year period of probation for conspiracy. He filed neither post-sentencing motion nor direct appeal. During the period of his probation, Warren was arrested and charged with robbery and burglary. Following a hearing, his probation was revoked, and he was sentenced to prison for not less than three nor more than ten years. He then filed a P.C.H.A.
[ 307 Pa. Super. Page 223]
petition in which he sought to withdraw his original pleas of guilty. In support thereof he alleged that he had received ineffective assistance of counsel because counsel had failed (1) to advise him of his constitutional rights prior to entering pleas of guilty and (2) to object to the fact that the informations contained only a rubber stamp facsimile of the District Attorney's signature. A hearing was held, and the P.C.H.A. petition was denied on June 3, 1980. This appeal followed.
Appellant's petition was filed three years after sentence had been imposed. "When considering a petition to withdraw a guilty plea submitted to a trial court after sentencing. . . 'a showing of prejudice on the order of manifest injustice' . . . is required before withdrawal is properly justified." Commonwealth v. Shaffer, 498 Pa. 342, 346, 446 A.2d 591, 593 (1982) (citations omitted). See also: Commonwealth v. Starr, 450 Pa. 485, 490, 301 A.2d 592, 595 (1973). Accord: Commonwealth v. May, 485 Pa. 371, 373 n. 2, 402 A.2d 1008, 1009 n. 2 (1979). Manifest injustice requires a showing that "'the plea was involuntary, or was entered without knowledge of the charge.'" Commonwealth v. Shaffer, supra, quoting American Bar Association Standards for Criminal Justice, Pleas of Guilty (2d ed. 1980), Standard 14-2.1(b)(ii)(C) relating to Withdrawal of Pleas.
In the instant case, appellant has made no such showing. Although appellant contends that the guilty plea colloquy was defective because the elements of the offense were not recited, his contention is refuted by the record. Appellant's pleas of guilty were entered simultaneously with pleas of guilty by his co-defendant, Larry Williams. Appellant was present and heard the colloquy conducted with Williams and acknowledged his understanding. The record discloses that the elements of burglary and conspiracy were stated not once, but twice. During the first colloquy, moreover, the right to trial by jury, including the right to remain silent, and also the right of appeal from a conviction and the right to be represented by counsel on appeal were fully explained.
In Commonwealth v. Harris, 286 Pa. Super. 601, 429 A.2d 685 (1981), this Court specifically rejected the argument that
[ 307 Pa. Super. Page 224]
separate and complete colloquies must be given to each of two co-defendants entering pleas of guilty at the same time. "The rule that a complete colloquy be given to each defendant, is not an end in itself; rather, it is intended to protect a defendant's constitutional rights, so that each defendant understands his or her constitutional rights and ...