Com. v. Rudoi, R.

J. S20018/17 NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA v. : : ROBERT RUDOI, : No. 738 EDA 2016 : Appellant : Appeal from the PCRA Order, March 4, 2016, in the Court of Common Pleas of Philadelphia County Criminal Division at No. CP-51-CR-0007126-2013 BEFORE: BOWES, J., OTT, J. AND FORD ELLIOTT, P.J.E. MEMORANDUM BY FORD ELLIOTT, P.J.E.: FILED DECEMBER 12, 2017 Robert Rudoi appeals from the March 4, 2016 order entered in the Court of Common Pleas of Philadelphia County that denied his petition filed pursuant to the Post-Conviction Relief Act (“PCRA”), 42 Pa.C.S.A. §§ 9541- 9546.1 We affirm. The trial court set forth the following: On or about May 10, 2013, Appellant [] was arrested and charged with several violations of the Pennsylvania Criminal Code; specifically, Aggravated Assault – per [18 Pa.C.S.A. §] 2702(A); Simple Assault – per section 2701(A) and Reckless 1 In his notice of appeal, appellant appeals from the March 20, 2014 judgment of sentence and the March 4, 2016 order denying his PCRA petition. As set forth in this memorandum, appellant abandoned his direct-appeal claims and advanced one claim of ineffective assistance of counsel under the PCRA. We, therefore, directed the prothonotary to amend the caption of this appeal to reflect that appellant is appealing from the March 4, 2016 PCRA order. J. S20018/17 Endangerment – per section 2705. On January 10, 2014, a bench trial was held before this Court. At said time, Appellant was represented by John Konchak, Esquire, Assistant Public Defender (“Trial Counsel”) and the Commonwealth was represented by Tracie Gaydos, Esquire, Assistant District Attorney (“Gaydos”). At the conclusion of this trial, this Court found Appellant guilty [of], inter alia, Aggravated Assault. On March 20, 2014, Appellant was sentenced to eighteen (18) to thirty-six (36) months of incarceration plus ten (10) years’ probation, the first two (2) years reporting. Appellant, due to the nature of the crime was not RRRI eligible. This Court additionally ordered Appellant to pay twenty-one thousand one hundred and six dollars and six cents ($21,106.06) in restitution. On September 19, 2014, and during Appellant’s period of incarceration related to this Court’s sentence, Appellant was interviewed by Immigration and Customs Enforcement agents (“ICE”). On said date, Appellant was issued a Notice to Appear or charging document alleging that he was convicted of an aggravated felony as defined in the Immigration and Nationality Act. On June 3, 2015, Appellant was ordered removed from the United States by Immigration Judge Walter Durling. I.J. Durling reasoned and the Board of Immigration Appeals affirmed that the charge of Aggravated Assault was a crime of violence and therefore an aggravated felony. On March 19, 2015, Appellant filed a Post-Conviction Relief Act[2] (“PCRA”) petition with this Court. The PCRA motion alleged various claims of ineffectiveness on the part of Appellant’s Trial Counsel, Attorney Konchak; specifically, but not limited to, Trial Counsel’s failure to investigate Appellant’s birth place and status in the United ...

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