United States District Court, W.D. Pennsylvania
LAWRENCE T. WHITE, Petitioner,
NANCY GIROUX and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, Respondents.
LAWRENCE T. WHITE CY-0479 SCI Albion
LAWRENCE T. WHITE MV-3538  SCI Albion
MEMORANDUM OPINION 
Cynthia Reed Eddy United States Magistrate Judge
Lawrence T. White, is a state prisoner incarcerated at the
State Correctional Institution at Albion, Pennsylvania, He
seeks a writ of habeas corpus, pro se, pursuant to
28 U.S.C. § 2254. For the reasons set forth below, the
petition will be denied.
Lawrence White (“Petitioner” or
“White”), challenges the judgment of sentenced
entered on July 26, 2013, which was corrected by Corrected
Order of Sentence on November 12, 2013, in the Court of
Common Pleas of Allegheny County.
was charged with violations of provisions of the criminal and
vehicle codes. Prior to trial, an agreement was reached by
the parties and approved by the trial court to sever Count 1,
the Person Not to Possess/Use Firearm (“PNTP”)
offense and Counts 5 and 6, the summary motor vehicle code
violations, from the remaining offenses (Counts 2, 3, and 4).
A single trial was to occur, with the trial judge trying
Counts 1, 5, and 6, and a jury deciding Counts 2, 3, an 4.
trial occurred on November 18, 2009. The jury returned a
verdict of guilty on all of the counts it considered. The
trial court found White guilty of the motor vehicle code
violations, but not guilty of Count 1, the PNTP, because the
trial court initially found that the Commonwealth had failed
to introduce into evidence any testimony or record of
White's conviction for a crime that would have
disqualified him from possessing a firearm.
the verdict was issued, the Commonwealth informed the trial
court that it had reached a stipulation with White's
counsel that White had been convicted of Criminal Homicide, a
conviction which would disqualify him from possession of a
firearm. With this information, the trial court changed the
verdict to guilty on Count 1. On February 11, 2010, White was
sentenced to 54 to 108 months incarceration for the Count 1
conviction; no additional penalty was assessed for the
did not file a direct appeal; but he did file a timely PCRA
Petition seeking to reinstate his direct appeal rights. That
petition was granted and counsel appointed to represent White
on direct appeal. On direct appeal, White asserted three
claims of ineffective assistance of counsel and one claim of
double jeopardy claiming that his rights were violated when
the trial court changed its verdict on Count 1 from not
guilty to guilty. The trial court in its 1925(a) opinion
agreed that the change in verdict violated White's double
jeopardy rights and acknowledged that the case should be
remanded for resentencing as White was given no further
penalty for his convictions on the other charges. The
Superior Court agreed with the trial court and remanded the
case for a new sentencing hearing.
11, 2013, a resentencing hearing was held. On July 23, 2013,
the trial court issued a “Revised Order of Sentence,
” which sentenced White as follows:
18 § 6105 §§ C1 - Person Not to Possess/Use
Firearms - Fugitive (F2) To be confined for a minimum period
of 2 Year(s) and a maximum period of 4 Year(s) at SCI Camp
* * *
To be placed on Probation for a minimum period of 3 Year(s)
and a maximum period of 3 Year(s) to be supervised by STATE.
The following conditions are imposed: Other: RANDOM DRUG
* * *
18 § 6106 §§ A1 - Firearms Not To Be Carried
W/O License (F3) A determination of guilty without further
26, 2013 Sentencing Order (“July Order”). A
problem existed with the July Order, however, because White
could not be sentenced on this charge as it had been
dismissed on appeal on double jeopardy grounds.
counsel, White appealed. On November 12, 2013, while the
appeal was pending, the trial court issued a “Corrected