Commonwealth v. Velez
Commonwealth v. Velez
Concurring Opinion
Concurring Opinion by
I agree that the judgment of sentence should be affirmed. Appellant’s guilty plea was voluntarily and understanding^ tendered and properly accepted by the trial court. Commonwealth v. Maddox, 450 Pa. 406, 300 A.2d 503 (1973); Pa. R. Crim. P. 319, 319A; ABA Proj
Opinion of the Court
Opinion by
Ruben Ramos Yelez, while assisted by counsel entered a plea of guilty to murder generally. Contem
Before accepting tbe plea, tbe court questioned Velez extensively, who affirmatively indicated be understood tbe nature of tbe charge, and approved of tbe plea arrangement; that tbe guilty plea was bis own free act; that be was aware of bis right to trial by jury and understood tbe impact of bis plea, as well as tbe possible consequences.
Tbe sole assignment of error is tbe guilty plea was invalid and of no effect because it was motivated by tbe existence of a pretrial confession secured by tbe police at a time when Velez was not aware of bis constitutional rights.
As we have stated several times, in order to successfully attack a guilty plea on tbe ground it was motivated by a confession secured through means constitutionally impermissible, tbe defendant must establish: (1) tbe existence of a constitutionally invalid confession; (2) tbe guilty plea was motivated by tbe confession; and (3) tbe defendant was incompetently advised
The confession here involved was attacked by a pretrial motion to suppress. After an evidentiary hearing, the court denied the motion and found that before the questioning commenced which gave rise to the confession, Velez was fully advised of his constitutional rights as mandated by Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602 (1966), and that he understood his rights. Our reading of the suppression hearing record persuades us that the court was amply warranted in arriving at this conclusion.
In view of the above, it is unnecessary to determine whether the confession motivated the guilty plea or whether the advice of counsel to plead guilty was in the range of competence normally required of attorneys representing criminal defendants.
Judgment affirmed.
In answer to one of the court’s questions, Velez stated “. . . All I am anxious to know is that my crime will go no higher than second degree.”
In evaluating the validity of a guilty plea, the same criteria apply whether the attack is through a collateral proceeding or a direct appeal. See Commonwealth v. Hollenbaugh, 449 Pa. 6, 295 A. 2d 78 (1972).
Reference
- Full Case Name
- Commonwealth v. Velez, Appellant
- Cited By
- 13 cases
- Status
- Published