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[U] Commonwealth v. Beatty

Superior Court of Pennsylvania

February 4, 2014

COMMONWEALTH OF PENNSYLVANIA Appellee
v.
WILLIAM SCOTT BEATTY Appellant

NON-PRECEDENTIAL DECISION

Appeal from the PCRA Order April 8, 2013 In the Court of Common Pleas of Lebanon County Criminal Division at No(s): CP-38-CR-0000842-2010 CP-38-CR-0001745-2009

BEFORE: ALLEN, J., LAZARUS, J., and FITZGERALD, J. [*]

MEMORANDUM

LAZARUS, J.

William Scott Beatty appeals from the order of the Court of Common Pleas of Lebanon County, dismissing his petition filed under the Post Conviction Relief Act ("PCRA"), 42 Pa.C.S.A. §§ 9541-9546. Upon careful review, we affirm in part and vacate in part.

This case largely turns on matters of procedure. The procedural history has been ably set forth by the PCRA court as follows:

On September 6, 2009, a Criminal Complaint was filed which charged [Beatty] with Burglary, Criminal Conspiracy to Commit Burglary, Possession of Instrument of Crime and Criminal Conspiracy to [commit] Possession of Instrument of Crime. Upon [Beatty's] application, Chief Public Defender Brian Deiderick was appointed to represent him in this action.
[Beatty] waived his preliminary hearing on October 15, 2009, and also signed a form waiving his Arraignment on that date. Thereafter, he received his Three Date Letter notifying him of his Arraignment scheduled for November 18, 2009, the Call of the List scheduled for December 22, 2009 and a Trial date of January 4, 2010. [Beatty's] executed Waiver of Arraignment form was filed with the Court by Deiderick on November 18, 2009. On that date, the Commonwealth also provided [Beatty] with a Notice that this action was being consolidated with an action pending against another individual, Justin C. Gulliver, who was also facing charges related to this burglary.
At the Call of the List on December 22, 2009, Deiderick filed a written request of continuance asserting the following:
"4. Counsel for [Beatty] received the discovery materials on or about December 16, 2009. Said discovery consisted of seven (7) packets containing a large volume of detailed information.
5. Counsel for [Beatty] needs to have adequate opportunity to review said discovery, advise [Beatty] of all relevant options, and adequately prepare this matter for disposition.
6. The undersigned has discussed the instant continuance with [Beatty] and [Beatty] has expressed no opposition to the request."
The case was then scheduled for the Call of the List to be held on March 25, 2010. On that date, Deiderick submitted a second request for continuance. In that request, Deiderick submitted the following to the Court:
"4. Counsel for [Beatty] has been informed that additional and extensive charges are forthcoming against [Beatty] and that the Commonwealth intends to consolidate the charges filed to the above ...

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