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Com. v. Hanna, S.

Citation: Not availableDocket: 200 MDA 2022

Court: Superior Court of Pennsylvania; November 8, 2022; Pennsylvania; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The case involves an appeal by a defendant who pled guilty to receiving stolen property after stealing a significant sum while employed as a house cleaner. The defendant, initially charged with theft by unlawful taking, entered a plea agreement that resulted in the dropping of the theft charge, and agreed on restitution and an unsecured bond. At sentencing, the defendant received a term within the recommended range based on an offense gravity score of 6. Despite believing a previous agreement would result in a lower sentence, the defendant did not raise this issue with the trial court and failed to file a post-sentence motion or seek plea withdrawal. The court found the alleged agreement regarding a reduced sentence was not part of the plea agreement accepted by the court. Consequently, the defendant's appeal was denied as the plea was deemed voluntary and knowing, and the judgment of sentence was affirmed. The court emphasized that plea agreements are enforceable only if accepted by the trial court, and claims challenging the plea's voluntariness must be raised in the trial court to be entertained on appeal.

Legal Issues Addressed

Enforceability of Plea Agreements

Application: A plea agreement is only enforceable if it has been accepted by the trial court, and any terms not presented or accepted cannot be enforced.

Reasoning: The court found that Appellant was not entitled to relief because a plea agreement is enforceable only if it has been accepted by the trial court.

Plea Colloquy and Defendant Statements

Application: A defendant's claims during appeal that contradict their statements during the plea colloquy cannot be used to challenge the plea.

Reasoning: Appellant had affirmed in both oral and written plea colloquies that he had received no promises regarding his sentence beyond these terms.

Post-Sentence Motion Requirement

Application: To challenge the validity of a plea or sentence on appeal, a defendant must file a post-sentence motion within the specified period.

Reasoning: The trial court instructed Appellant to file a motion within 10 days to challenge the validity of his plea if he wished to argue on appeal that it was not knowing and voluntary.

Specific Performance of Plea Agreements

Application: Specific performance of a plea agreement is denied if terms alleged by the defendant were not part of the accepted plea agreement.

Reasoning: The court confirmed that the alleged agreement regarding the offense gravity score reduction was not part of the plea agreement, thus denying specific performance of that agreement.

Waiver of Claims on Appeal

Application: Claims regarding the voluntariness or knowledgeability of a plea must be raised at the trial court level to be preserved for appeal.

Reasoning: Additionally, any assertion that his plea was involuntary or unknowing was barred by waiver, as such claims must be raised in the trial court to be considered on appeal.