Commonwealth v. Rothman
Commonwealth v. Rothman
Concurring Opinion
Con cubbing Opinion by
I agree with the result reached by the majority under the circumstances of this case. I would, however, like to add my belief that the judge’s suggestion of compromise between the parties’ positions would, standing alone, constitute prohibited judicial participation in the plea negotiations. Here, however, the potential coercive effect of this participation was remedied by the judge’s indicating that if appellant chose to withdraw from the plea arrangement he could be tried before a different judge.
I therefore concur in affirming the order of the court below.
Opinion of the Court
Opinion by
Counsel engaged in extended plea negotiations involving a series of twenty-four indictments. The appellant claims that his several guilty pleas were rendered involuntary by the judge’s participation in the plea bargaining process. Commonwealth v. Evans, 434 Pa. 52, 252 A. 2d 689 (1969); ABA Minimum Standards, Pleas of Guilty, §3.3 (Approved Draft, 1968). The record does reflect that the judge suggested a compromise between 1 to 5 years offered by the defense and 2% to 5 years offered by the district attorney. The compromise was accepted and resulted in a sentence of 1 y2 to 5 years.
We believe that a practical suggestion for compromise for the purpose of ending a controversy where counsel are at loggerheads as to a relatively minor issue does not constitute prohibited participation in plea
The order of the court below is affirmed.
Reference
- Full Case Name
- Commonwealth v. Rothman, Appellant
- Cited By
- 2 cases
- Status
- Published