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[U] Commonwealth v. Rodman

Superior Court of Pennsylvania

February 3, 2014

COMMONWEALTH OF PENNSYLVANIA Appellee
v.
THOMAS R. RODMAN Appellant

NON-PRECEDENTIAL DECISION

Appeal from the Judgment of Sentence of January 31, 2013 In the Court of Common Pleas of Allegheny County Criminal Division at No.: CP-02-CR-0013261-2011

BEFORE: FORD ELLIOTT, P.J.E., WECHT, J., and STRASSBURGER, J. [*]

MEMORANDUM

WECHT, J.

Thomas Rodman appeals his January 31, 2013 judgment of sentence. Because Rodman raises no cognizable issues, we affirm.

On January 31, 2013, Rodman pleaded guilty to one count of driving under the influence of alcohol—highest rate ("DUI"), [1] and one count of driving with a DUI -related suspended license with a blood alcohol content ("BAC") above .02% .[2] The assistant district attorney assigned to Rodman's case summarized the evidence that would have been presented had the matter gone to trial as follows:

[O]n or about August 26, 2011, officers initiated a traffic stop on a vehicle for careless driving. They made contact with the driver, who was Mr. Thomas Rodman. They made observations of an odor of alcohol as well as slurred speech.
They asked Mr. Rodman to submit to field sobriety tests. He was unable to do so at the time, as they were demonstrated and explained by the officer.
Based on officer training and experience, he determined that [ Rodman] was intoxicated to a degree that rendered him incapable of safely driving a motor vehicle. He was transported to UPMC McKeesport for a blood draw within two hours of operating the motor vehicle, and the blood came back positive for alcohol in the amount of .248 percent.
Mr. Rodman additionally was driving with a suspended license, suspended for purposes of DUI and had a prior offense of that.

Notes of Testimony ("N.T."), 1/ 31/ 2013, at 7-8. Rodman offered no additions or corrections to the Commonwealth's summary of the evidence. Id. at 8.

The trial court proceeded directly to sentencing. Pursuant to the plea agreement, Rodman was sentenced to one to two years' incarceration on the DUI count, and a consecutive term of six to twelve months' incarceration on the driving with a suspended license count. In addition to the incarceration, the trial court also imposed a consecutive three-year period of probation on the driving with a suspended license count. Thus, in the aggregate, Rodman was sentenced to eighteen to thirty six months' incarceration, to be followed by three years of probation.[3]

Rodman did not file post-sentence motions. Instead, on February 27, 2013, Rodman filed a notice of appeal. On April 9, 2013, the trial court directed Rodman to file a concise statement of errors complained of on appeal pursuant to Pa.R.A.P. 1925(b) by May 1, 2013. On April 30, 2013, Rodman filed a concise statement, wherein he raised the following two issues:

1. Did trial counsel render ineffective assistance by permitting Mr. Rodman to plea[ d] to the negotiated term ...

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