J-S30021-18 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee v. DOUGLAS GENE BERRY Appellant No. 1433 WDA 2017 Appeal from the PCRA Order entered August 31, 2017 In the Court of Common Pleas of Beaver County Criminal Division at No: CP-04-CR-0002307-2016 BEFORE: BENDER, P.J.E., STABILE, and STRASSBURGER,* JJ. MEMORANDUM BY STABILE, J.: FILED AUGUST 21, 2018 Appellant, Douglas Gene Berry, appeals from the August 31, 2017 order entered in the Court of Common Pleas of Beaver County, denying his petition for collateral relief filed pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S.A. §§ 9541-9546. Following review, we reverse and remand. The PCRA court provided the following procedural history: On November 28, 2016 [Appellant] was charged by criminal information with one count of flight to avoid apprehension/trial/punishment, 18 Pa.C.S.A. [§] 5126(a). On December 7, 2016, [Appellant] pled guilty [to] the single count of flight to avoid apprehension/trial/punishment (as a misdemeanor of the second degree) and was sentenced to a period of incarceration of not less than 12 months nor more than 24 months in a state penal or correctional institution. This plea and sentence in this case was entered pursuant to the terms of a plea ____________________________________________ * Retired Senior Judge assigned to the Superior Court. J-S30021-18 agreement. At the time scheduled for his plea and sentencing, [Appellant] was not represented by counsel. The Assistant District Attorney advised the court that he [had] spoken with [Appellant] prior to the time the case was called and was informed that the attorney who had represented him at the time of the preliminary hearing was no longer representing [Appellant] and that he would not [sic] be appearing pro se. The Assistant District Attorney provided [Appellant] with a written and verbal guilty plea colloquy which [Appellant] completed and signed.[1] Additionally, [Appellant] was provided with, and signed a notice of rights following sentence form which indicates his right to file an appeal from the imposition of sentence within 30 days or to file a post sentence motion.[2] [Appellant] did not file a post sentence motion or a direct appeal within the statutory time limits to preserve his right of appeal. On or about April 13, 2017, [Appellant] filed a pro se [PCRA petition] and subsequently, this court appointed the Beaver County Public Defender’s office to represent him for purposes of his motion/petition. The Assistant Public Defender incorporated [Appellant’s] pro se motion for relief in his own motion and attached it as Exhibit “A.” In his motion, [Appellant] asserts claims of ineffective assistance of counsel, and what appears to be an argument on the merits of his case. ____________________________________________ 1 The written guilty plea colloquy included, inter alia, the following information regarding appeals from a guilty plea conviction: If you cannot afford a lawyer to represent you and/or you are contending that your attorney, who represented you at your guilty plea, was incompetent, you have the right to have another lawyer appointed for you[.] Guilty ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals