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COMMONWEALTH PENNSYLVANIA v. CHARLES MATTHEWS (05/27/86)

submitted: May 27, 1986.

COMMONWEALTH OF PENNSYLVANIA
v.
CHARLES MATTHEWS, APPELLANT



Appeal from the Order Entered December 23, 1985, in the Court of Common Pleas of York County, Criminal, at No. 330 Crim.A.1985.

COUNSEL

Charles Matthews, appellant, in propria persona.

Mark E. Lovett, Assistant District Attorney, York, for Com., appellee.

Wickersham, Johnson and Watkins, JJ.

Author: Watkins

[ 357 Pa. Super. Page 133]

This is an appeal from an Order of December 23, 1985, in the Court of Common Pleas of York County.

The record shows that, while represented by Steven G. Zorbaugh, Esquire, his court appointed attorney, the appellant pled guilty before the Honorable James Buckingham on September 9, 1985 to three counts of delivery of drugs. The appellant's written guilty plea colloquy indicated that there was a plea bargain that "Defendant is to be sentenced three to six years on each of the above referenced counts, all of which are to run concurrent with each other." The oral guilty plea colloquy first corroborated this bargain.

[ 357 Pa. Super. Page 134]

However, the question arose whether the Defendant's sentence of three years to six years would run concurrently with a two and one-half to five year sentence imposed by Judge Miller on the Defendant on September 6, 1985, for two counts of delivery of drugs . . . The Defendant told Judge Buckingham, at his plea colloquy, that judge Miller, when he sentenced him as aforesaid, told him that his (Judge Miller's) sentence would be concurrent with the sentence to be imposed in the present case.

However, the Defendant's sentencing counsel before Mr. Zorbaugh, disagreed with the Defendant and told the court that there was no agreement that the sentence to be imposed by Judge Buckingham would run concurrently with Judge Miller's sentence. Judge Buckingham then told the defendant, that unless there was an agreement of record that both sentences would be concurrent, the sentences would be consecutive to each other.

Appellant then, through his counsel, entered a "straight plea" without any plea arrangement. Appellant requested a pre-sentence investigation then entered his pleas of guilty. On December 2, 1985, appellant appeared for sentencing and was sentenced on all three counts to undergo imprisonment for a term of not less than four years nor more than eight years, to run concurrently with each other but consecutively to the two and one-half years to five years sentence he was presently serving.

On December 6, 1985, appellant filed a Motion to Withdraw his guilty plea on the ground that he did not "knowingly and willingly enter his plea of guilty" which was ...


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