Commonwealth v. Culsoir
Commonwealth v. Culsoir
Opinion
In this appeal, we address the appellate consequences of a bifurcated sentencing proceeding. Appellant, Pierre Culsoir, filed a single notice of appeal from sentences imposed over seven months apart, but listed at a single trial court docket. This bifurcated sentencing raises the question of whether Culsoir's appeal is timely. Further, Culsoir challenges the bifurcated nature of his sentencing, as well as the court's refusal to allow him to withdraw his guilty plea. We conclude that Culsoir's appeal is timely and affirm the judgment of sentence.
Culsoir pled guilty to unlawful contact with a minor, corruption of a minor, and indecent assault of a minor, all at the same trial court docket number on August 17, 2016. On that same date, the trial court sentenced Culsoir only on the charge of indecent assault; sentencing was deferred on the remaining charges. Shortly thereafter, Culsoir filed a motion to withdraw his guilty plea, which the court denied. Over six months later, on March 21, 2017, the court denied Culsoir's motion for extraordinary relief and imposed sentence on the remaining charges. Thirty days later, Culsoir filed this appeal.
We must first address whether Culsoir's appeal is timely with respect to the judgment of sentence imposed for indecent assault in August 2016. We may raise jurisdictional issues
sua sponte
.
See
Commonwealth v. Davis
,
The preference for limiting appellate review to final orders "not only prevents piecemeal appeals and protracted litigation, but also promotes judicial accuracy."
Commonwealth v. Bowers
,
*436
In the civil context, Rule 341 has been consistently applied by concluding that orders dismissing fewer than all claims or all parties are not final orders.
See
Spuglio v. Cugini
,
We are presented with a similar procedural posture, albeit in a criminal context. We have not found any decision addressing a bifurcated sentencing procedure such as the one at issue here. Arguably, our precedent addressing other interlocutory appeals in the criminal context are distinguishable due to the importance our jurisprudence attaches to the judgment of sentence.
See
,
e.g.
,
Commonwealth v. Parker
,
Here, the court entered a judgment of sentence on Culsoir's conviction for indecent assault. Normally, a judgment of sentence would have constituted a final order.
See
Pa.R.A.P. 301(a)(2) (stating that in the absence of a post-sentence motion, "a judgment of sentence is appealable upon the imposition of sentence in open court"). However, Rule 301 must be read in conjunction with Rule 341.
See
Commonwealth v. Walker
, --- Pa. ----,
Rules 301 and 341 are both contained in Chapter 3 of the Rules of Appellate Procedure, entitled "Orders from which Appeals may be Taken." They are both obviously relevant to the jurisdictional issue before us. If we were to read Rule 301(a)(2) as providing that any judgment of sentence is immediately appealable, it would render the definition of a final order contained in Rule 341(b)(1) irrelevant. We therefore cannot construe Rule 301(a)(2) in this manner.
The more appropriate construction of Rule 301(a) is to acknowledge it focuses on the timeliness of an appeal. For most civil matters, an order is not appealable until it is entered on the appropriate docket. See Pa.R.A.P. 301(a)(1). In contrast, Rule 301(a)(2) provides that a judgment of sentence is "appealable upon the imposition of sentence in open court," absent the timely filing of post-sentence motions.
If Rule 301(a) is narrowly construed as identifying when an otherwise final order is appealable, Rule 341(a)'s definition of final order remains intact. And applying Rule 341(a)'s definition of final order to this appeal, we conclude that since Culsoir's charges issued from the same docket, any final order must dispose of all three charges. The judgment of sentence for indecent assault did not dispose of the remaining charges on the same docket. Any appeal filed before the disposal of those *437 charges would have been premature and interlocutory.
As Culsoir filed his appeal from the order that disposed of all remaining claims and parties at the relevant docket number, he has successfully secured review of all previous, non-final orders at that docket number.
See
Commonwealth v. Walker
, --- Pa. ----,
Culsoir challenges the bifurcated nature of his sentencing, as well as the court's refusal to allow him to withdraw his guilty plea. Specifically, Culsoir argues his motion to withdraw a guilty plea should have been subject to a less demanding pre-sentence standard due to the unusual bifurcated sentencing. Culsoir has waived any claim that the court erred in bifurcating the sentencing. Moreover, we find Culsoir is due no relief under either standard.
The absence of a timely objection during sentencing results in an issue being waived for appellate review.
See
Commonwealth v. May
,
Although there is no absolute right to withdraw a guilty plea, when a request to withdraw a plea is made prior to sentencing, the trial court has discretion to permit withdrawal of the plea. See Pa.R.Crim.P. 591(A).
The proper inquiry on consideration of such a withdrawal motion is whether the accused has made some colorable demonstration, under the circumstances, such that permitting withdrawal of the plea would promote fairness and justice. The policy of liberality remains extant but has its limits, consistent with the affordance of a degree of discretion to the common pleas courts.
Commonwealth v. Johnson-Daniels
,
Similarly, the decision to allow a defendant to withdraw a plea post-sentence is a matter that rests within the sound discretion of the trial court.
See
Commonwealth v. Muhammad
,
Once a defendant enters a guilty plea, it is presumed that he was aware of what he was doing.
See
Due to the bifurcated sentencing procedure employed, there is no clear answer as to which standard should apply to Culsoir's request to withdraw his guilty plea. He pled guilty to three charges on the same docket. He was immediately sentenced on *438 one charge. He then requested to withdraw the guilty plea before the court imposed sentence on the other two charges.
We need not resolve this issue, as the record amply supports the trial court's conclusion that Culsoir was not entitled to withdraw his guilty plea under either standard. In his motion, Culsoir alleged he did not understand the interpreter's Creole translation, and he therefore failed to understand that a guilty plea would render him removable from the United States.
This allegation is directly contradicted by Culsoir's statements under oath during the guilty plea colloquy. Culsoir completed a written guilty plea colloquy, wherein he affirmed that he understood the factual basis of the offenses to which he was pleading guilty and that his lawyer had explained the elements of the criminal offenses to him. See Guilty Plea Colloquy, filed 8/17/16, at 1.
Thereafter, Culsoir acknowledged his understanding of the information relayed to him and indicated his wish to proceed with the guilty plea.
See
RISK OF DEPORTATION (If an Alien)
I know that if I am not a United States citizen, it is possible I may be deported if I plead guilty to the crime(s) charged against me.
During the oral guilty plea colloquy, Culsoir testified that he was not able to read the written colloquy in English, but he understood the form as explained to him by his attorney and read to him in Haitian Creole by an interpreter.
See
N.T., Guilty Plea Hearing, 8/17/16, at 5-6. When the court asked if he signed the form of his own free will, Culsoir answered "Yes."
At no time - either in the written or oral colloquy - did Culsoir allege he could not understand the interpreter provided for him or that he was without the necessary information needed to enter a knowing plea. Culsoir expressly indicated his understanding of the crimes to which he was pleading guilty and the factual basis for his plea. Culsoir cannot now baldly recant his representations made under oath to the court.
In light of the comprehensive written and oral plea colloquy, which Culsoir fully and willingly completed, we find no fair and just reason, 1 nor a manifest *439 injustice, to support his claim that his plea was in any manner unknowingly, involuntarily, or unintelligently given. As a result, Culsoir is due no relief on appeal.
As we find none of Culsoir's issues merit relief, we affirm the order.
Judgment of sentence affirmed.
We note that Culsoir does not assert innocence as a reason for withdrawal of his guilty plea. Even in those cases which involve a bald assertion of innocence, a full analysis of the plausibility of the claim is required.
See
Commonwealth v. Carrasquillo
,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.