No. 02165 Philadelphia 1982, Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal, of Philadelphia County, No. 81-08-3227, 3223
Allen N. Abrams, Philadelphia, for appellant.
Jane C. Greenspan, Assistant District Attorney, Philadelphia, for appellee Commonwealth.
Rowley, Montemuro and Johnson, JJ.
[ 333 Pa. Super. Page 78]
Appellant contends that the trial court erred in denying his petition to withdraw his guilty plea after the Assistant District Attorney in charge of the case breached the terms of the negotiated plea.
The facts are not in dispute. The Commonwealth charged appellant with attempted murder,*fn1 criminal conspiracy,*fn2 aggravated assault,*fn3 carrying firearms,*fn4 possession of an instrument of crime,*fn5 recklessly endangering another person,*fn6 terroristic threats*fn7 and simple assault.*fn8
After negotiations, the appellant agreed to plead guilty to the charges of aggravated assault and conspiracy and the Assistant District Attorney agreed to nol prosse the remaining charges and to make no recommendation as to the sentence.
On May 4, 1982, appellant entered pleas of guilty to aggravated assault and criminal conspiracy. Before appellant's
[ 333 Pa. Super. Page 79]
guilty pleas were accepted by the sentencing judge, the Honorable Michael E. Wallace of the Court of Common Pleas of Philadelphia, an extensive and thorough guilty plea colloquy was received in open court and made part of the record. Our examination of the colloquy satisfies us that it was in complete compliance with both Pa.R.Crim.P. 319 and the criteria for accepting guilty pleas as set forth from time to time by this court and the supreme court.
Appellant represented to the sentencing judge that his pleas were voluntary and that the facts of the case as presented by the Assistant District Attorney were true. The court accepted the plea, ordered a pre-sentence investigation and a mental evaluation and set a date for sentencing.
At the sentencing hearing on June 21, 1982, counsel for appellant informed the court that he had read both the pre-sentence report and the psychiatric evaluation and that he had nothing further to add. He then presented appellant's mother who said to the judge what all loving mothers might be expected to say, namely, that appellant didn't give her any trouble until he was fifteen (15) years old,*fn9 that his troubles resulted from his association with the wrong crowd, that he expressed a desire to be a productive member of society, that he feels sorry for what he did, that he wants to finish his education and improve himself, and that he didn't give her any trouble before that. (N.T. June 21, 1982, p. 3). Essentially, appellant's mother was pleading for mercy, a plea that the trial judges of this Commonwealth hear every day.
The Assistant District Attorney then told the sentencing judge what he must have already known -- that appellant had a long juvenile record of robberies, burglaries and assaults; that he had been committed to Glen Mills on more than one occasion; that he had been ...