Opinion
November 16, 1972.
November 26, 1973.
Criminal Law — Practice — Plea of guilty — assistance of counsel.
In this case, where defendant was convicted of murder in the first degree following his guilty plea to murder generally, and where on this appeal defendant contended that (1) his guilty plea was not knowingly and intelligently made because (a) it was based on an illegally obtained confession and also (b) on the improper advice of counsel, and further (2) that he was denied the effective assistance of counsel during his degree of guilt hearing, it was Held that the defendant's contentions were without merit.
Argued November 16, 1972. Before JONES, C. J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.
Appeal, No. 366, Jan. T., 1971, from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, July T., 1954, No. 579, in case of Commonwealth of Pennsylvania v. Early Mears. Judgment of sentence affirmed.
Proceeding under Post Conviction Hearing Act.
Order entered granting defendant right to file post-trial motions nunc pro tunc; defendant's motion for new trial dismissed, opinion by WEINROTT and REIMEL, JJ. Defendant appealed from judgment of sentence.
Gene Locks, for appellant.
William P. Boland, Assistant District Attorney, with him Milton M. Stein, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.
The appellant, Early Mears, pleaded guilty to murder generally on June 22, 1955. Following a degree of guilt hearing, he was convicted of murder in the first degree, and sentenced to life imprisonment. No post-trial motions were filed and no appeal was taken. In 1968, the appellant filed a Post Conviction Hearing Act petition. Relief was denied on June 26, 1969. On appeal to this Court, the case was remanded pursuant to a per curiam order dated April 22, 1970, and the appellant was granted the opportunity to file post-trial motions. Post-trial motions were denied and this appeal followed.
In this appeal, the appellant claims that: (1) his guilty plea was not knowingly and intelligently made because it was based (a) on an illegally obtained confession and (b) on the improper advice of counsel. (2) he was denied the effective assistance of counsel during his degree of guilt hearing. We have reviewed the appellant's claims and conclude they are without merit. Appellant's guilty plea was entered knowingly and intelligently. Commonwealth v. Butler, 446 Pa. 274, 288 A.2d 800 (1972). We have considered the totality of the circumstances surrounding the appellant's confession and conclude that the confession was made voluntarily. Commonwealth v. Madilia, 439 Pa. 125, 266 A.2d 633 (1970); see Fikes v. Alabama, 352 U.S. 191, 1 L.Ed. 2d 246, 77 S.Ct. 281 (1957). We also conclude from an examination of the record that the appellant received the effective assistance of counsel prior to his guilty plea and at the degree of guilt hearing. Commonwealth ex rel. Washington v. Maroney, 427 Pa. 599, 235 A.2d 349 (1967).
Judgment of sentence affirmed.