No. 529 Philadelphia, 1983, Appeal from the Judgment of Sentence of February 16, 1983 in the Court of Common Pleas, Criminal Division, of Philadelphia County, No. 81-11-502-506.
James S. Bruno, Norristown, for appellant.
Jane C. Greenspan, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.
Montemuro, Cercone and Hester, JJ.
[ 336 Pa. Super. Page 182]
At 2:00 a.m. on October 22, 1981, appellant attacked and was in the process of robbing a 93-year old shopkeeper in the City of Philadelphia. Fortunately the police arrived during the struggle. They had been summoned by a disinterested individual who witnessed the attack while standing outside the victim's place of business. Appellant was charged with burglary, criminal trespass, simple and aggravated assault and recklessly endangering another person. The matter was called for trial March 24, 1982. He entered a plea of guilty to robbery with the understanding that the sentence would not exceed 7 to 20 years.
Appellant had an extensive prior criminal record. On July 28, 1977 he pled guilty to simple assault and robbery. He was sentenced to 23 months and 5 years probation. On July 22, 1980 he was convicted of robbery and sentenced to
[ 336 Pa. Super. Page 18311]
1/2 months to 23 months and 5 years consecutive probation. On August 6, 1981 he was convicted of robbery, criminal conspiracy and recklessly endangering another person. He was sentenced to 11 to 23 months and 3 years probation. He was serving three probationary sentences when he engaged in the October 22, 1981 robbery.
The within appeal is from appellant's fourth robbery conviction. The plea colloquy was conducted on March 22, 1981; it was thorough, detailed and complete. It covered 17 pages of testimony. Appellant was represented by private counsel. During plea negotiations, appellant was advised that the court would impose a sentence of from 7 to 20 years, but in the event the court, following an examination of the pre-sentence report, decided to impose a greater sentence, appellant would be permitted to withdraw his plea. Appellant agreed to this, with the understanding that he would not be sentenced to anymore than 7 to 20 years. In addition to the requirements of a guilty plea colloquy, appellant was advised that the plea would be a violation of one or more probations or parole imposed by Judges Wallace, Goodheart and Richette. The record disclosed the following:
THE COURT: I believe that the plea will be a violation of one or more probations; is that correct?
MR. BARBIERE: Probations or paroles, Your Honor.
Question: I understand you are on either probation or parole, either by sentence imposed by Judge Goodheart, by Judge Wallace and perhaps by Judge Richette. Do you understand that this guilty plea will be a ...