J-S52029-20 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : MOMO SHERIFF : : Appellant : No. 2277 EDA 2019 Appeal from the Judgment of Sentence Entered March 28, 2019 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0005752-2017 BEFORE: PANELLA, P.J., McCAFFERY, J., and STEVENS, P.J.E.* MEMORANDUM BY McCAFFERY, J.: FILED: JANUARY 25, 2021 Momo Sheriff (Appellant) appeals from the judgment of sentence entered in the Philadelphia County Court of Common Pleas, following his guilty plea to attempted murder, possessing an instrument of crime (PIC), and firearms not to be carried without a license.1 Appellant argues the court erred in denying his pre-sentence motion to withdraw his guilty plea, where he presented fair and just reasons and the Commonwealth would not be substantially prejudiced. We affirm. The Commonwealth presented the following facts at the plea hearing: [H]ad this case proceeded to trial, [the Commonwealth] would have presented several witnesses. The evidence would have shown that on April 6[,] 2017, at approximately [2:00] in the ____________________________________________ * Former Justice specially assigned to the Superior Court. 1 18 Pa.C.S. §§ 901, 907, 6106. J-S52029-20 morning, at the area of 5700 Florence Street[, Appellant] got into an argument with his girlfriend[, Tanisha McGlond]. After this argument, there was a physical altercation, the culmination of which was [Appellant] taking out a firearm, for which he did not have a permit to carry, and firing at least four shots. One of the bullets struck [McGlond], went through her right leg, the other one struck her in the buttock, and the third one went through her abdomen and was [lodged] in her back. That bullet remains in her body today. . . . The evidence would also show that there was a [78-year old2] witness who heard a female voice say, [w]hy did you do that, and a male voice saying, [b]ecause you didn’t listen. But for the neighbors calling 911 and the speedy actions of the police officers, it’s doubtful whether the complainant would have survived. And that is why we are [ ] proceeding with the Attempted Murder [charge]. N.T., Guilty Plea, 8/28/18, at 8-9. Appellant agreed to this recitation of the facts. Id. at 10. He also acknowledged he understood “[t]here’s a possibility” he may face deportation. Id. at 7. Furthermore, we note the Commonwealth possessed a surveillance video that captured the incident. N.T., 3/14/19, at 11. Appellant entered an open guilty plea to attempted murder, PIC, and firearms not to be carried without a license. Prior to sentencing, Appellant filed a pro se motion to withdraw his guilty plea on January 7, 2019, and a counseled motion to withdraw guilty plea on February 26th. The trial court conducted a hearing on March 14th, at which ____________________________________________ 2 N.T., Motion to Withdraw Guilty Plea, 3/14/19, at 13. -2- J-S52029-20 Appellant raised a claim of innocence. Appellant claimed he and McGlond were leaving ...
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