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COMMONWEALTH PENNSYLVANIA v. GREGORY HARRIS (03/11/83)

filed: March 11, 1983.

COMMONWEALTH OF PENNSYLVANIA
v.
GREGORY HARRIS, APPELLANT



No. 3115 Philadelphia, 1981, Appeal from the Judgment of Sentence of the Court of Common Pleas of Montgomery County, Criminal Division, at Nos. 166 and 309 of 1981

COUNSEL

Douglas M. Johnson, Public Defender, Norristown, for appellant.

Ronald T. Williamson, Assistant District Attorney, Norristown, for Commonwealth, appellee.

Brosky, Wieand and Beck, JJ.

Author: Per Curiam

[ 311 Pa. Super. Page 217]

On June 16, 1981, appellant entered an open plea of guilty to two counts each of criminal conspiracy, recklessly endangering another person and possession of an instrument of crime and to one count each of terroristic threats, unlawful restraint, simple assault, aggravated assault, robbery, criminal attempt -- robbery, violation of the Uniform Firearms Act, theft by unlawful taking and receiving stolen property.

He was sentenced on November 20, 1981 to a term of imprisonment of not less than seven and one-half years nor more than fifteen for robbery, a consecutive term of imprisonment of five to ten years imprisonment for criminal attempt, another consecutive term of ten years probation

[ 311 Pa. Super. Page 218]

    for criminal conspiracy and possession of an instrument of crime and a concurrent term of five years probation. Sentence was suspended on the remaining counts.

Motions to modify sentence and to withdraw the guilty plea were denied and this appeal followed. Appellant contends that the lower court should have permitted him to withdraw his guilty plea because the colloquy was inadequate. We find no merit to this argument. He also contends that sentence should be reversed because the sentencing judge failed to state his reasons for the sentence at the time of sentencing. On this point, we agree and vacate sentence and remand for resentencing.*fn1

Appellant's motion to withdraw the guilty plea was filed on November 27, 1981 -- after sentence was imposed. Our Supreme Court recently discussed the standard to be applied to withdrawal of guilty plea motions which are filed after sentencing.

After stating the standard applicable to presentencing motions, the court wrote in Commonwealth v. Shaffer, 498 Pa. 342, 446 A.2d 591 (1982):

When considering a petition to withdraw a guilty plea submitted to a trial court after sentencing, however, it is well-established that 'a showing of prejudice on the order of manifest injustice,' Commonwealth v. Starr, 450 Pa. 485, 490, 301 A.2d 592, 595 (1973), is required before withdrawal is properly justified. See also, Commonwealth v. May, 485 Pa. 371, 402 A.2d 1008 (1979); Commonwealth v. Rosmon, 477 Pa. 540, 384 A.2d 1221 (1978); Commonwealth v. Riggins, 474 Pa. 507, 378 A.2d 1229 (1977); American Bar Association Standards for Criminal Justice, Pleas of Guilty, Standard 14-2.1 (2d ed. 1980). Post-sentencing attempts to withdraw a guilty plea must sustain this more substantial burden because ...


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