J-S43029-19 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : LEON GEORGE STEWART : : Appellant : No. 1676 MDA 2018 Appeal from the PCRA Order Entered September 10, 2018 In the Court of Common Pleas of Berks County Criminal Division at No(s): CP-06-CR-0002998-2016 BEFORE: GANTMAN, P.J.E., DUBOW, J., and STEVENS*, P.J.E. MEMORANDUM BY DUBOW, J.: FILED OCTOBER 22, 2019 Leon George Stewart appeals from the Order entered on September 10, 2018, denying his Petition for collateral relief filed under the Post Conviction Relief Act (PCRA), 42 Pa.C.S. §§ 9541-9546. We affirm. In March 2017, Appellant entered into a negotiated guilty plea to Criminal Use of Communication Facility, Possession with Intent to Deliver, and Conspiracy in exchange for five years of probation.1 N.T. Plea, 3/13/17, at 1- 10. Following a colloquy, the trial court accepted the plea and imposed the agreed-upon sentence. Id. at 8-9. Appellant is a citizen of Jamaica. Id. at 5. During his oral colloquy, Appellant’s plea counsel, Ms. Emily Cherniack, Esq., confirmed that Appellant was aware that he faced potential consequences to his immigration status. ____________________________________________ 1 18 Pa.C.S. § 7512(a); 35 P.S. § 780-113(a)(30); 18 Pa.C.S. § 903(a)(1), respectively. ____________________________________ * Former Justice specially assigned to the Superior Court. J-S43029-19 Id. at 5. In addition, Appellant testified that he understood his rights and voluntarily determined to plead guilty. Id. at 4-5. Appellant attained a fourth-grade education; he speaks English but can neither read nor write. Id. at 3. During his oral colloquy, Appellant testified that plea counsel discussed a written colloquy with him. Id. at 3-4. Counsel confirmed that she had read and explained its terms to Appellant. Id. at 3. Appellant signed the written colloquy. Id. In relevant part, the colloquy memorializes Appellant’s understanding that “by pleading guilty, I will be subject to immigration review which will likely result in my deportation.” Statement Accompanying Defendant’s Request to Enter a Guilty Plea, 3/13/17, at 2 ¶ 4. Appellant did not file a post-sentence Motion or appeal from the Judgment of Sentence. However, in November 2017, Appellant challenged the lawfulness of his guilty plea by filing a counseled Petition for collateral relief. According to Appellant, plea counsel was ineffective because she did not review the Commonwealth’s evidence with Appellant or explain the consequences of his plea.2 Appellant’s PCRA Petition, 11/21/17, at 2 (unpaginated). In April 2018, the PCRA court held a hearing on Appellant’s Petition. Appellant testified that plea counsel never discussed the case with him, his chance of success at trial, or the terms of the written colloquy. N.T. PCRA, ____________________________________________ 2United States Immigration and Customs Enforcement has detained Appellant and scheduled him for deportation. PCRA Ct. Op., 2/28/19, at 1. -2- J-S43029-19 4/30/18, at 10-14. Appellant further asserted that he did not wish to plead guilty but that counsel directed him to do so. Id. at 14. In addition, according to Appellant, counsel suggested that, if asked, Appellant should ...
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