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COMMONWEALTH PENNSYLVANIA v. DONALD GIBSON (04/10/89)

submitted: April 10, 1989.

COMMONWEALTH OF PENNSYLVANIA
v.
DONALD GIBSON, APPELLANT



Appeal from the Judgment of Sentence June 20, 1988, in the Court of Common Pleas of Philadelphia County, Criminal, No. 1954, 1964 February 1983.

COUNSEL

Sondra R. Rodigues, Philadelphia, for appellant.

Donna G. Zucker, Assistant District Attorney, Philadelphia, for Com., appellee.

Cirillo, President Judge, and Olszewski and Watkins, JJ.

Author: Olszewski

[ 385 Pa. Super. Page 574]

Donald Gibson appeals from the judgment of sentence entered by the Court of Common Pleas of Philadelphia County following his convictions for two counts of robbery and criminal conspiracy.

On January 17, 1983, Donald Gibson and an accomplice approached Randell Green and Josette Brown as they were walking down a street. Gibson and the accomplice wore ski masks. While Gibson asked the victims for the time, the accomplice proceeded to grab Josette Brown and point a handgun at her. The accomplice then ordered her into an alley where he proceeded to take her coat, camera, and wristwatch. While bending down to retrieve these items, Brown succeeded in knocking the accomplice's gun to the ground. In response, the accomplice ripped off his ski mask, scrambled for the gun, grabbed the items on the ground, and fled with Gibson.

On August 1, 1983, following a thorough colloquy, Gibson pled guilty to two counts of robbery and criminal conspiracy. The Honorable Ricardo C. Jackson accepted the guilty pleas and proceeded to defer sentencing pending the receipt of a pre-sentence investigation and mental health evaluation. Thereafter, Gibson was sentenced to consecutive terms of five years' probation on each of the robbery counts, conditioned on his agreement to obtain his GED and employment. Gibson did not seek to modify this sentence and did not file an appeal.

Two years later, Gibson was convicted of simple assault and recklessly endangering another person. Since this violated his earlier ten-year probationary sentence, he was ordered to appear before Judge Jackson. Gibson, however, failed to appear.

One and one-half years later, Gibson was again arrested. Following a hearing before Judge Jackson, Gibson's probationary sentences were revoked. Instead, Gibson was sentenced to consecutive terms of two and one-half to five years' imprisonment on each count of robbery. The instant appeal followed.

[ 385 Pa. Super. Page 575]

On appeal, Gibson alleges that: (1) his guilty plea was not entered voluntarily, knowingly, and intelligently; (2) counsel was ineffective in failing to: (a) object to a Rule 1100 violation, (b) challenge the voluntariness of his guilty plea, (c) object to the trial court's failure to specifically state its reasons for revoking his probation, and (d) file a motion to modify sentence; and (3) his due process rights were violated when the trial court failed to state the reasons for the revocation of his probation.

Initially, Gibson challenges the validity of his guilty plea. Gibson also alleges that counsel was ineffective in failing to ...


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