Opinion
March 20, 1967.
June 16, 1967.
Criminal Law — Practice — Petition for post-conviction relief — Allegation that petitioner was induced by court-appointed counsel to enter plea with understanding that particular sentence would be imposed — Record — Sufficiency of allegation — Absence of allegation that plea was involuntarily entered — Allegations failing to establish that guilty plea should have been withdrawn.
On appeal from the dismissal, without a hearing, of a petition for post-conviction relief, petitioner alleged that when his case was called for trial he was induced by court-appointed counsel to enter a "compromise plea" with the understanding that a sentence not exceeding nine months would be imposed. He further alleged that a sentence of nine months was imposed, but that moments later the sentence was changed to one of eighteen months to three years. The record did not show that any lighter sentence was originally imposed. Petitioner did not allege that his plea was involuntarily entered. It was Held that (a) petitioner's allegation of an "understanding" that a sentence of only nine months would be imposed was indefinite and insufficient to show that the plea was involuntary; (b) his allegations did not establish that the guilty plea should have been withdrawn; and (c) the order of the court below should be affirmed.
Submitted March 20, 1967.
Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, HOFFMAN, and SPAULDING, JJ.
Appeal, No. 79, Oct. T., 1967, from order of Court of Quarter Sessions of Lancaster County, Sept. T., 1965, Nos. 88, 89, and 91, in case of Commonwealth of Pennsylvania v. George G. Fink. Order affirmed.
Petition for post-conviction hearing.
Order entered dismissing petition without hearing, opinion by BROWN, J. Petitioner appealed.
Robert M. Going, for appellant.
Henry J. Rutherford, Assistant District Attorney, and Wilson Bucher, District Attorney, for Commonwealth, appellee.
This is an appeal from the dismissal, without hearing, of a petition under the Post Conviction Hearing Act of January 25, 1966, P.L. (1965) 1580, 19 P. S. § 1180-1 et seq.
On March 21, 1966, appellant pleaded guilty to a charge of corrupting the morals of a minor. He now alleges that: "When the case was called for trial, petitioner was induced by Court-appointed counsel to enter a `compromise plea' with the understanding that a sentence not exceeding nine (9) months would be imposed." He further alleges that a sentence of nine months was imposed, but that minutes later, the sentence was changed to one of eighteen months to three years.
The record does not show that any lighter sentence was originally imposed. The Court changed only the place of appellant's imprisonment, from the Eastern State Penitentiary to the Lancaster County Jail.
Appellant does not allege that his plea was involuntarily entered, as in Commonwealth ex rel. West v. Myers, 423 Pa. 1, 222 A.2d 918 (1966). Nor do his allegations establish that the guilty plea should have been withdrawn. See Commonwealth v. Scoleri, 415 Pa. 218, 202 A.2d 521 (1964). Finally, his allegation of an "understanding" that a sentence of only nine months would be imposed, is indefinite and insufficient to show that the plea was involuntary.
We conclude that the petition was properly dismissed.
Order affirmed.