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COMMONWEALTH PENNSYLVANIA v. DARRYL GUYTON (04/16/84)

submitted: April 16, 1984.

COMMONWEALTH OF PENNSYLVANIA
v.
DARRYL GUYTON, APPELLANT



No. 675 Philadelphia, 1983, Appeal from the Order of February 2, 1983 in the Court of Common Pleas of Centre County, Criminal Division, No. 1982-340

COUNSEL

George R. Klotzbaugh, State College, for appellant.

Dennis C. Pfannenschmidt, Assistant District Attorney, Bellefonte, for Com., appellee.

Montemuro, Cercone and Hester, JJ. Hester, J., filed a dissenting statement.

Author: Per Curiam

[ 331 Pa. Super. Page 233]

This is an appeal from the denial of appellant's petition to withdraw his guilty plea. The sole issue raised on appeal is whether such plea was unknowingly entered as a result of the failure to define, for appellant's sake, the word "consecutive". We reluctantly reverse.

The pertinent portion of the guilty pleas colloquy reads as follows:

THE COURT: All right. I'm going to ask your attorney to set forth what the plea agreement is. I want you to listen to it and then you'll have an opportunity to either agree or disagree with that. Mr. McGee [Public Defender].

[PUBLIC DEFENDER]: Your Honor, in this case Mr. Guyton is entering a guilty plea to simple assault. In exchange for the guilty plea the Commonwealth agrees that any sentence of incarceration be no greater than six months to two years in State Correction Institution consecutive to the sentence that he's currently serving. All other aspects of sentencing are left to the discretion of the court.

THE COURT: Mr. Gricar [District Attorney], is that your understanding?

[DISTRICT ATTORNEY]: Yes, Your Honor.

THE COURT: Mr. Guyton, is there anything you wish to add to that?

THE DEFENDANT: May I ask another question? Is that after the ...


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