No. 110 Harrisburg, 1981, Appeal from the Judgment of Sentence of the Court of Common Pleas, Dauphin County, No. 1634 C.D. 1979.
Jeffery M. Cook, Assistant Public Defender, Harrisburg, for appellant.
William A. Behe, Deputy District Attorney, Harrisburg, for Commonwealth, appellee.
Cavanaugh, Beck and Montemuro, JJ.
[ 310 Pa. Super. Page 359]
This is an appeal from the judgment of sentence of the Court of Common Pleas of Dauphin County imposed upon appellant, Jerry Cofield. The appellant pleaded guilty to robbery*fn1 and was sentenced to three (3) to ten (10) years imprisonment. No motion to withdraw the guilty plea nor petition to modify sentence was filed.
Appellant raises several claims of ineffectiveness of trial counsel, including; (1) failure to file a motion to dismiss pursuant to Pa.R.Crim.P. 1100, (2) failure to adequately prepare appellant's case, (3) continuing to represent appellant despite a conflict of interest, and (4) failure to file either a motion to withdraw appellant's guilty plea or a petition to modify sentence. In connection with the final claim, appellant asserts that his guilty plea was not voluntary in that it was induced by a promise by defense counsel that appellant would receive a sentence of one and one-half (1 1/2) to five (5) years imprisonment. Since we are without sufficient record to make a determination on this final contention, we shall remand the case for an evidentiary hearing.
The facts relevant to this appeal are as follows: On September 17, 1979, appellant and two other men robbed a convenience store in Harrisburg. One of the robbers was armed, although it is disputed whether appellant or one of the others held the gun. Upon leaving the store, appellant was accidentally shot in the foot. He was apprehended the same day and a criminal complaint was filed charging him with robbery.
[ 310 Pa. Super. Page 360]
Appellant pleaded not guilty and trial was set for February 11, 1980. On February 7, 1980, appellant's court appointed counsel filed a motion for a continuance alleging that he was unable to locate or contact appellant after attempts to ascertain appellant's whereabouts. The appellant failed to appear for trial on February 11, 1980 and a warrant was issued for his arrest. The appellant was eventually arrested on March 3, 1981. Trial was scheduled for March 23, 1981, at which time appellant appeared and entered a plea of guilty after a thorough and extensive colloquy. As previously stated, no motions were filed. This appeal followed.
In Commonwealth v. Chumley, 482 Pa. 626, 394 A.2d 497 (1978),*fn2 our Supreme Court stated:
Appellant's claims of ineffectiveness must be evaluated in the context of his guilty plea. Upon entry of a plea of guilty, all grounds of appeal are waived other than challenges to the voluntariness of the plea and the jurisdiction of the sentencing court. Commonwealth v. Greer, 457 Pa. 646, 326 A.2d 338 (1974). Thus allegations of ineffective assistance of counsel in connection with entry of the guilty plea will serve as a basis for relief only if the ineffectiveness caused appellant to enter an involuntary or ...