J-S43019-20 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee v. DANIEL ADEBOWALE ODU Appellant No. 1795 WDA 2019 Appeal from the PCRA Order entered November 7, 2019 In the Court of Common Pleas of Allegheny County Criminal Division at No: CP-02-CR-0003377-2017 BEFORE: SHOGAN, J., STABILE, J., and KING, J. MEMORANDUM BY STABILE, J.: FILED DECEMBER 21, 2020 Appellant, Daniel Adebowale Odu, appeals from the November 7, 2019 order of the Court of Common Pleas of Allegheny County, which dismissed his petition for collateral relief under the Post Conviction Relief Act (PCRA), 42 Pa.C.S.A. §§ 9541-46. Upon review, we vacate and remand. The relevant factual and procedural background can be summarized as follows: [Appellant] was originally charged with one count of strangulation and three counts of simple assault as a result of two altercations he had with his former girlfriend. After several continuances, [Appellant] entered into a plea agreement on February 20, 2018, where he agreed to plead guilty to one count of simple assault in exchange for the Commonwealth withdrawing all of the other charges. PCRA Court Opinion, 6/12/20 at 2. J-S43019-20 Prior to accepting Appellant’s plea, the trial court colloquied Appellant as follows: Trial Court: Do you understand that by pleading guilty to this charge, you may be in violation of any and all provisions that allow you to reside in this country and that you are entitled to speak with a naturalization immigration attorney before you would enter a plea of guilty to this charge; do you understand that? Appellant: Yes. Trial Court: Now, you may want to consult with a naturalization immigration attorney, but you are not entitled to have that representation paid by public funds; do you understand that? Appellant: Yes. Trial Court: Do you also understand your pleading to this charge may invoke a decision by the Department of Naturalization and Immigration to revoke your status and deport you back to your country of original residence; do you understand that? Appellant: Yes. Trial Court: Now, I have to ask you, do you want to take the time to consult with a naturalization immigration lawyer with respect to the penalties that could be imposed upon your plea of guilty to this charge? [Defense counsel]: He has already done that, Your Honor. Trial Court: So he is ready to proceed today? [Defense counsel]: Are you ready to proceed? Appellant: Yes. [Defense counsel]: After speaking with your immigration attorney -- and even I spoke with him -- are you ready to proceed, knowing the consequences of your plea? Appellant: Yes, sir. -2- J-S43019-20 Trial court: Why are you pleading guilty? Appellant: Because I am. N.T., Guilty Plea and Sentencing, 2/20/18, at 5-7. After the trial court accepted Appellant’s guilty plea, [Appellant] was sentenced to a period of probation of eighteen months during which he was to have no contact with his former girlfriend, he was to undergo drug and alcohol evaluations, random drug screening and he was to ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals