Commonwealth v. Kamenca
Commonwealth v. Kamenca
Opinion of the Court
Opinion by
This case presents the issue of whether the lower court committed an abuse of discretion in refusing appellant’s presentence request to withdraw certain guilty pleas. We hold that it did not and affirm.
Appellant was indicted for three 1971 armed robberies committed at banks in Johnstown, Pennsylvania, and for three attendant larcenies. Prior to acceptance of guilty pleas as to the six crimes, the lower court conducted an extensive hearing on December 8, 1971. At the hearing, it was developed that appellant was a 29-year-old Czechoslovakian citizen, that his European educational background was that of an electronics engineer, and that no plea bargain was involved in the case. Appellant stated that his pleas were made because of his guilt, that he had no defense, that he understood the charges against him, and that his decision to plead guilty was of his own free will. He acknowledged his understanding of the forfeiture of certain described rights by reason of a plea of guilty, and asserted his comprehension of the maximum penalties involved. An interpreter was present for the purpose of obviating any language difficulties, and appellant was represented by counsel.
The lower court accepted the pleas. A police officer then stated that the appellant had been apprehended following a chase from the most recent robbery and had made a “full and relatively honest statement about what went on.” Imposition of sentence was deferred pending a presentence investigation and report.
Sentencing was scheduled on April 24, 1972. At that time the court was informed that appellant intended to move to withdraw his pleas. On May 2, 1972, an oral motion to that effect was made on behalf of appellant and a hearing was held.
At the hearing, appellant’s attorney stated that the basis of the withdrawal request was that appellant had
The attorney who represented appellant at the time of entry of the guilty pleas testified that he had told the appellant that he would not argue two particular defenses, which be did not name, to the jury, unless ordered to do so by the judge. He said that he regarded the defenses as improper. He stated that no other defenses were available, that he did not refuse to take
It was noted by the court and attorneys present that appellant was apparently scheduled to be sentenced for related federal crimes the following day. At the conclusion of presentations regarding withdrawal of the pleas, the lower court entered an order refusing appellant’s request for withdrawal.
The refusal of the request was related, according to the opinion of the court below, to a belief that appellant’s decision to plead guilty was both understanding and voluntary, and that the request to withdraw the pleas was an attempt to manipulate the processes of justice by obtaining the advantage of a Pennsylvania Supreme Court decision on state punishment subsequent to that federally imposed for the same offense. See Commonwealth v. Mills, 447 Pa. 163, 286 A.2d 638 (1971) (second prosecution and imposition of punishment by Pennsylvania for same offense as to which federal prosecution and punishment occurred held precluded unless interests of two jurisdictions differed substantially, so that initial prosecution failed to protect Pennsylvania interests).
Having been denied permission to withdraw his pleas, the appellant was afforded an opportunity to address the court prior to imposition of sentence. In the course of his address, he recited a number of personal misfortunes involving his finances, health, and Czechoslovakian family which, he said, had finally driven Mm to go to a bank with a toy gun. Following his address, sentence was imposed.
In the present case, we believe that the argument in favor of withdrawal is deficient with respect to a fair and just reason. The appellant was not able to disavow his commission of the acts as to which he stood charged.
The assertion of appellant that evidence had been illegally seized in his apartment was entirely unsubstantiated, and in fact was rejected by his former attorney. The contention that his foreign background prevented a comprehension of some of the questions directed to him prior to acceptance of his plea was so lacking in specificity as to be of little use in evaluating the intelligence of his plea.
Furthermore, the lower court was entitled to disbelieve appellant’s claim that his attorney had refused to proceed to trial, in view of the attorney’s unequivocal denial of the charge under oath. The fact that the attorney was unwilling to argue defenses which he regarded as improper, without an instruction in that regard from the trial judge, did not compel a conclusion that the pleas ultimately decided upon were involun
Of perhaps equal importance to the foregoing is the fact that appellant failed to request withdrawal of the pleas during the several months prior to the scheduling of sentencing. That failure, in conjunction with the holding of Commonwealth v. Mills, supra, and the pending nature of appellant’s federal sentencing, is strongly suggestive of the conclusion reached by the lower court that the real reason for withdrawal was not a defect in the pleas but the sentencing delay which withdrawal would occasion, and the resulting possible application of Mills in appellant’s favor. The refusal of the court below to permit itself to be used for such a purpose was fully justified.
Although we adhere to the principle that a presentence request to withdraw a guilty plea is to be liberally allowed, we believe that the peculiar facts of the present case make it one in which a denial of the request was a proper exercise of discretion. The judgment of sentence of the court below must therefore be affirmed.
Judgment of sentence affirmed.
Appellant was represented by a new attorney at the hearing dealing with withdrawal of the pleas.
For one of the robberies, appellant was required to pay costs of prosecution and to undergo imprisonment for a period of not less
For another of the robberies and its associated larceny, the same penalties were imposed, as they were for the remaining robbery and larceny, with the exception of the requirement of restitution as to the larceny. Prison terms were to be concurrent with that for the first robbery.
A disavowal of the commission of the charged act has been held a fair and just reason for presentence withdrawal in Commonwealth v. Woods, 452 Pa. 546, 551, 307 A.2d 880 (1973) (“I didn’t have nothing to do with the burglary. ... I had nothing to do with [the homicide].”), and Commonwealth v. Forbes, 450 Pa. 185, 192, 299 A.2d 268 (1973) (“I don’t want to plead guilty to nothing I didn’t do.”).
As was the ease below, appellant does not, on appeal, present any defense affirmatively denying his actual commission of the acts charged.
Dissenting Opinion
Dissenting Opinion by
Appellant contends that Ms pre-sentencing request to withdraw his guilty plea to armed robbery was erroneously denied.
At the time his guilty plea was tendered, the appellant was a 29-year old Czechoslovakian citizen, who had entered the United States in 1969 with his family. While he had been educated in his home country for
On December 8, 1971, in the presence of counsel and ■with the assistance of an interpreter,
At the hearing to consider appellant’s request, the appellant offered the following as cause for withdrawal of his guilty plea: Appellant stated that his attorney at time of trial had threatened him that if he pressed for trial, he would withdraw his appearance and support; furthermore, he said that he had been in a state of fear as this was Ms first arrest in the United States and that a prior confrontation with the communist form of justice for “political crimes” had left him in confusion, so that he believed that cooperation with his attorney and with the court system was essential to his well-being; he asserted that he did not understand the implication or the meaning of the colloquy, both because of his fear and because the interpreter was inadequate; and, finally, he stated that he had pleaded guilty to the federal offenses because it was his understanding that a deportation, and not imprisonment, would result therefrom.
It was certainly within the trial court’s discretion to test the credibility of the appellant and believe tidal counsel who denied any threats over the allegations of the appellant. It is, however, my opinion, that the cumulative nature of appellant’s situation at the time he tendered his guilty plea,
The judgment of sentence should be reversed, appellant be allowed to withdraw his guilty pleas, and a new trial ordered.
The interpreter provided by the Court was not professionally employed as such, and while she had familiarity with the Slovak language, appellant submits that her proficiency and clarity of explanation was deficient precluding a thorough understanding of the trial court’s colloquy. It further appears on the state of the record that appellant, who was suffering under a language problem, did not have the benefit of counsel due to alleged waivers thereof, at either his arraignment or his preliminary hearing. In order to smoothly conduct the colloquy which resulted in appellant’s relinquishment of his constitutional right to a trial by jury, an “interpreter” was provided at this stage for the first time.
The fact that the trial court considered the guilty pleas in the federal proceedings as relevant to his ruling on appellant’s motion to withdraw on the state charges may in itself be error. This point was not, however, raised. What is an important factor is that the trial court construed appellant’s request one day before sentencing on federal charges as a motive and as an “induce[ment] of his motion,” so as to come under Commonwealth v. Mills, 447 Pa. 163, 164, 286 A.2d 638 (1971), prohibiting the Commonwealth from prosecuting or imposing punishment for the same offense as a prior conviction in the federal courts, “unless it appears . . . that the
See, Commonwealth v. Santos, 450 Pa. 492, 495-6, 301 A.2d 829 (1973); Commonwealth v. Forbes, 450 Pa. 185, 190, 299 A.2d 268 (1973); A.B.A. Project on Minimum Standards for Criminal Justice, Standards Relating to Pleas of Guilty, §2.1 (b).
Reference
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- Commonwealth v. Kamenca, Appellant
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