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[U] Commonwealth v. Reeves

Superior Court of Pennsylvania

February 20, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
SHANE M. REEVES, Appellant

NON-PRECEDENTIAL DECISION

Appeal from the PCRA Order Entered March 18, 2013, In the Court of Common Pleas of Chester County, Criminal Division, at No. CP-15-CR-0004400-2011.

BEFORE: GANTMAN, SHOGAN and MUSMANNO, JJ.

MEMORANDUM

SHOGAN, J.

Appellant, Shane M. Reeves, appeals pro se from the order denying his petition for collateral relief filed pursuant to the Post Conviction Relief Act ("PCRA"), 42 Pa.C.S.A. §§ 9541–9546. We affirm.

Pursuant to a negotiated plea agreement, Appellant pled guilty to two counts of possession of a controlled substance with intent to deliver based on the following facts:

[O]n August 18th, 2010 at 6:49 p.m. in Kennett Square Borough, Chester County, Pennsylvania, [Appellant] sold 5.3 grams of cocaine to a confidential informant for $300.
On September 7, 2010 at 7:25 p.m. at Kennett Square Borough, Chester County, Pennsylvania, [Appellant] sold 15.7 grams of cocaine to a confidential informant for $500.

N.T. (Guilty Plea), 5/4/12, at 2.

Appellant completed and signed a written guilty plea colloquy, indicating that his plea was voluntary, knowing, and intelligent. Certified Record No. 9. After conducting an oral colloquy, the trial court accepted Appellant's plea. In compliance with the negotiated agreement, the trial court sentenced Appellant at Count 2 to incarceration for a mandatory term of five to ten years, as well as a mandatory fine of $30, 000.00, and at Count 1, to incarceration for a concurrent term of one to two years. N.T. (Guilty Plea), 5/4/12, at 11–12.

Appellant did not file post-sentence motions or a direct appeal. Rather, he filed pro se the instant petition for collateral relief on August 20, 2012, raising allegations of plea counsel's ineffectiveness and challenging the validity of his plea. Certified Record No. 13. The PCRA court appointed counsel, who filed a petition for leave to withdraw on October 17, 2012, pursuant to Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988), and Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988). Certified Record No. 16. On February 6, 2013, the PCRA court gave notice of its intent to dismiss Appellant's PCRA petition pursuant to Pa.R.Crim.P. 907. Appellant filed a response on March 15, 2013, again raising claims of plea counsel's ineffectiveness and challenging his plea. Certified Record No. 21. The PCRA court dismissed Appellant's petition without a hearing on March 18, 2013, and permitted counsel to withdraw. This timely appeal followed.

Appellant presents three questions for our consideration:
A. The PCRA court erred as a matter of law in denying Appellant's PCRA petition filed August 20, 2012.
B. PCRA counsel filed deficient Turner?Finley [sic] letter and denied Appellant meaningful participation in the PCRA process by failing to file an amended PCRA ...

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