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[U] Commonwealth v. Kindrew

Superior Court of Pennsylvania

February 20, 2014

COMMONWEALTH OF PENNSYLVANIA Appellee
v.
KENNETH KINDREW Appellant

NON-PRECEDENTIAL DECISION

Appeal from the PCRA Order on April 10, 2013 In the Court of Common Pleas of Northampton County Criminal Division at No.: CP-48-CR-0002217-2011

BEFORE: GANTMAN, J., OLSON, J., and WECHT, J.

MEMORANDUM

WECHT, J.

Kenneth Kindrew ("Kindrew") appeals from the April 10, 2013 order denying his petition for relief pursuant to the Post-Conviction Relief Act ("PCRA"), 42 Pa.C.S. §§ 9541-46. We affirm.

The PCRA court set forth the procedural history of this case as follows:

On October 24, 2011, [Kindrew] entered a no-contest plea to aggravated indecent assault and corruption of minors.[1] On February 3, 2012, [Kindrew] waived his hearing and agreed to accept his designation as a sexually violent predator. On February 8, 2012, the [trial court] sentenced [Kindrew] to a period of [five to ten] years in a state correctional institution on the charge of aggravated indecent assault, with a fine of $1, 500.00. [Kindrew] was also sentenced to a consecutive [sentence of two and one-half to five years['] imprisonment] on the charge of corruption of minors, with a fine of $750.00.
[Kindrew] also received a consecutive [five-year sentence] of state probation. . . .
On September 18, 2012, [Kindrew] filed a motion for reconsideration of sentence nunc pro tunc, asserting that he had inadequate counsel and misunderstood the plea. This court treated [Kindrew's] motion as a [petition under the] PCRA and appointed Brian Monahan, Esquire, to represent him.
A PCRA hearing was held . . . on January 30, 2013, during which [Kindrew] asserted that [plea counsel] was ineffective and that [Kindrew's] plea was not knowingly, voluntarily and intelligently entered. [Kindrew] also asserted that his sentence was excessive. On February 14, 2013, PCRA counsel filed a no-merit letter, asserting that there was no factual basis to support the issues raised by [Kindrew.[2]

PCRA Court Opinion ("P.C.O."), 4/10/2013, at 1-2 (some capitalization modified).

On April 10, 2013, the PCRA court issued an opinion and order denying relief. On April 18, 2013, Kindrew filed a notice of appeal. On April 23, 2013, the PCRA court ordered Kindrew to file a concise statement of errors complained of on appeal pursuant to Pa.R.A.P. 1925(b). Kindrew timely complied.

Kindrew raises the following issues for our review:

1. Whether trial counsel was ineffective for failing to [e]nsure that the guilty plea and sentencing proceedings were in accordance with law and ...

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