Commonwealth v. Montgomery
Commonwealth v. Montgomery
Opinion of the Court
OPINION OF THE COURT
On January 22, 1972, Dorothy Ann Knepp and Donald Harry Snyder were fatally shot at the Windmill Tavern in Clearfield County. Subsequently, appellant, Robert Lee Montgomery, was indicted for both killings. On September 13, 1977, Montgomery, while assisted by counsel, plead guilty
Initially, Montgomery maintains the trial court erred in accepting the guilty pleas. Specifically, he says his pleas were not knowing and intelligent since various facts on the record contravened his guilt. See Commonwealth v. Roundtree, 440 Pa. 199, 269 A.2d 709 (1970). This issue is raised for the first time on appeal to this Court and, therefore, has not been properly preserved for review.
In the motion,
Montgomery next contends the trial court erred in denying his pretrial motion to quash the indictment. He urges the indictment violated Pa.R.Crim.P. 219(b) since it contained two murder charges under one count of one indictment.
A plea of guilty constitutes a waiver of all nonjurisdictional defects and defenses. Commonwealth v. Rice, 456 Pa. 90, 318 A.2d 705 (1974); Commonwealth v. Allen, 443 Pa. 447, 277 A.2d 818 (1971). When a defendant pleads guilty, he waives the right to challenge anything but the legality of his sentence and the validity of his plea. Commonwealth v. Greer, 457 Pa. 646, 326 A.2d 338 (1974); Commonwealth v. McNeill, 453 Pa. 102, 305 A.2d 51 (1973). Instantly, Montgomery does not allege the Commonwealth failed to confront him with an indictment formally notifying him of the crimes charged.
Finally, Montgomery complains the trial court erred in sentencing him pursuant to an indictment which allegedly did not comply with Pa.R.Crim.P. 219(b). In effect, Montgomery seeks review of the trial court’s failure to quash the indictment by phrasing the issue as an attack on the legality
Judgments affirmed.
. Initially, Montgomery was presented for arraignment and trial by jury on January 15, 1973. At that time, he entered general pleas of guilt to two counts of murder. Following a degree-of-guilt hearing, the court adjudged Montgomery guilty of two counts of murder of the first degree. Prior to sentencing, Montgomery requested permission to withdraw his guilty pleas. This request was denied. On August 13, 1973, Montgomery was sentenced to two concurrent terms of life imprisonment. He appealed the judgments of sentence to this Court. On November 24, 1976, we remanded the record to the Court of Common Pleas of Clearfield County for an evidentiary hearing to consider Montgomery’s request to withdraw his guilty pleas. Commonwealth v. Montgomery, 469 Pa. 374, 366 A.2d 221 (1976). Following the ordered evidentiary hearing, the court granted Montgomery’s request for permission to withdraw his guilty pleas and established a date for trial. However, on September 13, 1977, Montgomery entered the pleas involved in the instant appeal.
. Since the killings occurred on January 22, 1972, the statute defining murder of the second degree is the Act of June 24, 1939, P.L. 872, § 701, as amended by the Act of December 1, 1959, P.L. 1621, § 1.
. We note Montgomery’s motion, entitled “Post-Trial Motions,” complied with the requirements of Pa.R.Crim.P. 321(a). (Effective September 1, 1977.)
. Montgomery’s motion requested the court to reconsider the imposed sentences solely because “[t]he sentence[s] [were] contrary to the law and excessive under the circumstances of the case.” The motion also reserved the right to file additional and supplemental reasons in support of the motion when a copy of the transcribed notes of testimony became available. The trial court denied the motion on September 22, 1977. Although the transcribed notes of testimony were not available until December 15, 1977, Montgomery
. A fair reading of the indictment indicates it contains two counts.
. The indictment specifically charges Montgomery with two murders and he plead guilty to murder of the second degree on both charges.
. We note the judgments of sentence were within the limits provided by statute and were, in fact, bargained for by Montgomery in exchange for his guilty pleas.
Dissenting Opinion
dissenting.
I dissent. I cannot agree that defendant has waived his right to raise the issue of whether 219(b) has been violated. Rules are made to benefit all defendants, not some of them. Rule 219(b) does not say that it is inapplicable if one pleads guilty. I fail to understand why a defendant who loses a motion to quash the indictment must go to trial pleading not guilty to preserve the issue.
Reference
- Full Case Name
- COMMONWEALTH of Pennsylvania, Appellee, v. Robert Lee MONTGOMERY, Appellant
- Cited By
- 48 cases
- Status
- Published