Commonwealth ex rel. Spensky v. Maroney
Commonwealth ex rel. Spensky v. Maroney
Opinion of the Court
Opinion by
This is an appeal under Rule 69 from the order of the Superior Court reversing the order of the Court of Common Pleas of Allegheny County, which had granted relator’s petition for a writ of habeas corpus.
On June 19, 1940, relator entered a plea of nolo contendere to charges of armed robbery and assault with intent to commit armed robbery. He was sentenced to undergo imprisonment on each charge for a period of five to ten years, to be served consecutively. Relator was committed on May 24, 1940 and was released on parole exactly ten years later. On August 3,
The petition attacks the validity of the 1940 judgment and sentence because of the lack of effective assistance of counsel. Relator testified that he was brought into court without counsel; that he advised the assistant district attorney that he was not guilty and wanted a jury trial; that thereupon the court motioned to an attorney present in the courtroom and appointed him to represent relator; that this lawyer offered him no assistance; and that the assistant district attorney induced him to sign a plea of nolo contendere by representing it as a “special” plea on which he would be sentenced to only two to four years.
We believe that ample evidence was presented at the habeas corpus hearings to sustain the conclusions of the lower court. The Superior Court’s opinion stresses the issue of the guilt or innocence of the relator. But that is unimportant in this context. Here, we are concerned only with the validity of relator’s confinement, not with his guilt. Therefore, we believe that the lower court properly granted the writ.
We believe, however, that the lower court exceeded its authority by determining that the dates of computation of the sentences imposed by the courts of Washington and Armstrong Counties be from the respective dates of imposition. Pursuant to the Act of May 25, 1951, P. L. 415, §3, 12 P.S. §1903, “where relator is undergoing detention or confinement as the result of conviction and sentence upon a criminal charge, relator
Dissenting Opinion
Concurring and Dissenting Opinion by
I concur with the majority’s conclusion that the Superior Court erred in reversing the trial court’s decision voiding relator’s Allegheny County sentence. I am unable, however, to accept the majority’s view with regard to the Washington and Armstrong County sentences.
Both the latter two sentences were to commence at the expiration of the Allegheny County sentence. Since that sentence must now be considered void, there is no alternative, as I view this record, to considering the Washington and Armstrong sentences as running from the respective dates of their imposition. Of course, if appellant was imprisoned for any time between his arrest for and sentencing on the Washington and Armstrong offenses, he is entitled to credit for that confinement in accordance with the normal rules.
Whatever the strict technical propriety of inclusion by the court of common pleas in its order of a statement that the computation of the Washington and Armstrong sentences must begin as of their dates of imposition, I see nothing but delay and the needless expenditure of time and resources by two additional courts which will result from the second part of the majority’s opinion. That should be reason enough for this Court to desist from the quibble in which the majority opinion indulges. In addition, however, this Court has the power to enter an order directing the time from which the Washington and Armstrong sentences should begin, Act of June 16, 1836, P. L. 784,
I therefore dissent from that part of the majority’s opinion which modifies the order of the court below.
Dissenting Opinion
Dissenting Opinion by
I dissent and would affirm the Order of the Superior Court.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.