Commonwealth v. Fiori
Commonwealth v. Fiori
Opinion of the Court
Appellant, David Fiori, was convicted of simple assault
Appellant’s main contention on appeal is that the trial court erred for failure to conduct an evidentiary hearing to determine his allegations of ineffective assistance of trial counsel. Appellant additionally raises four specific allegations of ineffectiveness of trial counsel, that is, trial counsel was ineffective for: 1) failing to present the defense of
Appellant was initially charged with aggravated assault.
As previously stated, appellant’s main contention is that the trial court erred for its failure to conduct an evidentiary hearing to determine the allegations of ineffective assistance of trial counsel. Initially, we note our standard of review as set forth in Commonwealth v. Crawford, 285 Pa.Super. 169, 427 A.2d 166, 171 (1981):
Our task in cases of this nature . . . encompasses an independent review of the record . . . and an examination of counsel’s stewardship of the now challenged proceedings in light of the available alternatives. . . We cannot emphasize strongly enough, however, that our inquiry ceases and counsel’s assistance is deemed constitutionally effective once we are able to conclude that the particular course chosen by counsel had some reasonable basis designed to effectuate his client’s interests. The test is not whether other alternatives were more reasonable, employing a hindsight evaluation of the record . . . the balance tips in favor of a finding of effective assistance as soon as*186 it is determined that trial counsel’s decisions had any reasonable basis. Citing Commonwealth ex rel. Washington v. Maroney, 427 Pa. 599, 604-5, 235 A.2d 349, 352-3 (1967).
If we cannot determine from the record whether counsel had a reasonable basis for not pursuing a claim, then we must remand for an evidentiary hearing on that issue. Commonwealth v. Ciotti, 279 Pa.Super. 75, 80, 420 A.2d 751, 753 (1980).
We cannot determine from the record before us whether trial counsel was ineffective for: 1) failing to present the defense of justification, 2) failing to request an order for sequestration of Commonwealth witnesses, 3) failing to request a jury trial and advising appellant to proceed to trial without a jury, and 4) not advising appellant of an agreement entered into with the Commonwealth which resulted in an adjudication of guilt of simple assault. Appellant argues that this agreement was not a voluntary, knowing and intelligent waiver of his rights.
Therefore, an evidentiary hearing is needed to supplement the record. At this hearing, an inquiry must be made into the reasons of trial counsel which underlined the decisions which he made at trial. See Commonwealth v. Stoner, 284 Pa. Super. 364, 425 A.2d 1145, 1150 (1981).
Judgment of sentence is vacated, and the case remanded for an evidentiary hearing to determine the effectiveness or ineffectiveness of trial counsel. Jurisdiction of this Court is not retained.
. Act of Dec. 6, 1972, P.L. 1482, No. 334, § 1, 18 Pa.C.S.A. § 2701.
. Pa.R.A.P. 1701(a) provides:
except as otherwise prescribed by these rules, after an appeal is taken or a petition for allowance of appeal is filed in a matter or review of a- quasijudicial order is sought, the lower court or other government unit may no longer proceed further in the matter.
Therefore, the reason for the non-occurrence of these evidentiary hearings is that the notice of appeal was docketed in the trial court, and the trial court no longer had jurisdiction over this matter.
. Appellate counsel was in favor of the Commonwealth’s petition to remand for an evidentiary hearing. The Commonwealth asserts that the trial record is inadequate to assess appellant’s claim of ineffective assistance of trial counsel.
. Act of Dec. 6, 1972, P.L. 1482, No. 334, § 1, 18 Pa.C.S.A. § 2702.
Dissenting Opinion
dissenting:
I respectfully dissent. The lower court (per CAPPY, J.) correctly stated the case and authored an unerring analysis of the issues herein presented. I, therefore, would affirm on the basis of the lower court’s opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.