Commonwealth v. Allen
Commonwealth v. Allen
Opinion of the Court
This is an appeal from an Order denying relief under the Post Conviction Hearing Act, 19 P.S. 1180-1 et seq. Appel
Appellant also contends that his guilty plea was induced unlawfully, because he did not understand the nature of the charges against him.
In Commonwealth v. Ingram, 455 Pa. 198, 316 A.2d 77 (1974), the Supreme Court made it an express requirement that “for an examination to demonstrate a defendant’s understanding of the charge, the record must disclose that the elements of the crime or crimes charged were outlined in understandable terms.” Id., 455 Pa. 203-04, 316 A.2d at 80. In other words, the explanation of the charges must itself be on the record. E.g, Commonwealth v. Holmes, 468 Pa. 409, 364 A.2d 259, 261, (1976); Commonwealth v. Allen, 278 Pa.Super. 511, 420 A.2d 653, 655 (1980).
Appellant’s guilty plea colloquy took place on May 1, 1975 and was conducted by trial counsel. When asked if counsel had explained to him “the nature of the charges and discussed the facts of the case, and what the possible defenses might be,” appellant answered, “Yes.” (N.T. pg. 32). This is the only segment of the examination which focused on appellant’s understanding of the charges. There followed some discussion about which of the charges appellant should plead to and which should be nolle prossed. The record is barren, however, of any explanation of the elements of the charges.
Applying the Ingram standard to the record in this case, we conclude that the colloquy suffers from a defect which vitiates appellant’s guilty plea.
We are reluctant to release someone who has pleaded guilty and received the sentence he bargained for, when he exploits a formality of due process which has nothing to do
The Order below is accordingly reversed, and a new trial is granted.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.