Com. v. Velazquez, A. ( 2015 )


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  • J-S41020-15
    NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
    COMMONWEALTH OF PENNSYLVANIA                     IN THE SUPERIOR COURT OF
    PENNSYLVANIA
    Appellee
    v.
    ANTHONY VELAZQUEZ
    Appellant                No. 2206 MDA 2014
    Appeal from the PCRA Order June 10, 2014
    In the Court of Common Pleas of Lancaster County
    Criminal Division at No(s): CP-36-CR-0003824-2008
    CP-36-CR-0003826-2008 CP-36-CR-0005949-2009
    BEFORE: ALLEN, J., LAZARUS, J., and PLATT, J.*
    MEMORANDUM BY LAZARUS, J.:                             FILED JULY 24, 2015
    Anthony Velazquez appeals from the order of the Court of Common
    Pleas of Lancaster County that dismissed his petition filed pursuant to the
    Post Conviction Relief Act1 and granted his counsel’s motion to withdraw.
    After careful review, we affirm based on the opinion of the Honorable Dennis
    E. Reinaker.
    On April 13, 2010, Velazquez pled guilty to one count of burglary, one
    count of harassment, one count of aggravated assault, two counts of
    terroristic threats, and fifteen counts of intimidation of a witness. On June
    ____________________________________________
    *
    Retired Senior Judge assigned to the Superior Court.
    1
    42 Pa.C.S. §§ 9541-9546.
    J-S41020-15
    17, 2010, the trial court sentenced him to an aggregate sentence of 13 to 26
    years’ incarceration.
    Velazquez filed an appeal to this Court, which affirmed his judgment of
    sentence on June 27, 2011. Velazquez’s counsel did not file a petition for
    allowance of appeal.       However, following reinstatement of his appellate
    rights, he filed a petition for allowance of appeal, which the Supreme Court
    denied on October 30, 2013.
    On March 3, 2014, Velazquez filed a pro se PCRA petition, and on
    March 5, 2014, the court appointed Christopher Lyden, Esquire, to represent
    Velazquez and directed that an amended petition be filed within 45 days.
    Instead, on April 2, 2014, counsel filed a motion to withdraw pursuant to
    Commonwealth          v.   Turner,   
    544 A.2d 927
      (Pa.   1988),   and
    Commonwealth v. Finley, 
    550 A.2d 213
    (Pa. Super. 1988). Attached to
    the motion was a copy of a letter to Velazquez in which counsel explained
    that the six issues raised in Velazquez’s pro se petition had no merit, and
    that after an independent review of the record, he found no other
    meritorious claims.
    On May 13, 2014, the court issued a notice of intent to dismiss
    pursuant to Pa.R.Crim.P. 907, which included an independent analysis based
    on its review of “the pro se motion, the guilty plea and sentencing
    transcripts and the other documentation contained in the file.”    Notice of
    Intent to Dismiss, 5/13/14, at 4.       On June 2, 2014, Velazquez filed a
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    J-S41020-15
    response.    By order filed June 10, 2014, the court dismissed the PCRA
    petition and granted counsel’s motion to withdraw.
    On November 21, 2014, the court granted Velazquez’s request to file
    an appeal nunc pro tunc and on December 15, 2014, he filed a timely notice
    of appeal.   In response to an order from the trial court, Velazquez filed a
    statement of matters complained of on appeal pursuant to Pennsylvania Rule
    of Appellate Procedure 1925(b). The trial court filed its Rule 1925(a) opinion
    on February 17, 2015.
    On appeal, Velazquez raises the following issues, verbatim, for our
    review:
    1. Whether the PCRA court abused its discretion in accepting
    PCRA counsel’s defective “no-merit” letter, and for agreeing
    with PCRA counsel that the pro se PCRA petition is meritless,
    when [Velazquez] was deprived of the opportunity of legally
    trained counsel to advance his position in acceptable legal
    terms, amounting to his first timely filed PCRA petition being
    effectively uncounseled, when PCRA counsel failed to
    participate meaningfully by failing to modify and amend the
    inarticulately drafted pro se PCRA petition, failed to properly
    review the entire certified record in this case, failed to
    communicate with [Velazquez] and for failing to investigate
    [Velazquez’s] claims and contentions first, before filing the
    defective “no-merit” letter, despite the presence of claims of
    arguable merit, in violation of [Velazquez’s] right to counsel
    on his first timely filed PCRA petition?
    2. Whether the PCRA court abused its discretion in accepting
    PCRA counsel’s defective “no-merit” letter, and for agreeing
    with PCRA counsel that the pro se PCRA petition is meritless,
    and for denying and dismissing the pro se PCRA petition
    without a hearing, despite the presence of claims of arguable
    merit, in that guilty plea counsel rendered ineffective
    assistance of counsel for advising [Velazquez] to plead guilty
    to aggravated assault – law enforcement officer, 18 Pa.C.S.A.
    -3-
    J-S41020-15
    § 2702(a)(3), when there was no factual basis to establish
    the crime, causing [Velazquez] to enter into an unknowing,
    unintelligent and involuntary pleas of guilty, in violation of his
    rights under the Sixth and Fourteenth Amendments to the
    United States Constitution, and Article I, Section 9 of the
    Pennsylvania Constitution?
    3. Whether the PCRA court abused its discretion in accepting
    PCRA counsel’s defective “no-merit” letter, and for agreeing
    with PCRA counsel that the pro se PCRA petition is meritless,
    and for denying and dismissing the pro se PCRA petition
    without a hearing, despite the presence of claims of arguable
    merit, in that guilty plea counsel rendered ineffective
    assistance of counsel for failing to object at the guilty plea
    proceedings when the court erred in failing to hold a hearing
    on [Velazquez’s] mental illness at the time of the offenses to
    which the guilty-but mentally ill plea was entered and/or the
    guilty-but-mentally ill aspects of the plea, under 18 Pa.C.S.A.
    § 314 and 42 Pa.C.S.A. § 9727(a), constituting a defective
    plea of guilty-but mentally ill, in violation of [Velazquez’s]
    right under the Sixth and Fourteenth Amendments to the
    United States Constitution, and Article I, Section 9 of the
    Pennsylvania Constitution?
    Appellant’s Brief, at xi.
    On appeal from the denial of PCRA relief, this Court must determine
    whether the post-conviction court’s findings were supported by the record
    and   whether     the   court’s   order    is   otherwise   free   of   legal   error.
    Commonwealth v. Blackwell, 
    647 A.2d 915
    (Pa. Super. 1994).                        The
    findings of the PCRA court will not be disturbed unless they have no support
    in the record. 
    Id. The Turner/Finley
    decisions provide the manner for post-
    conviction counsel to withdraw from representation.            The
    holdings of those cases mandate an independent review of the
    record by competent counsel before a PCRA court . . . can
    authorize an attorney’s withdrawal. The necessary independent
    review requires counsel to file a “no-merit” letter detailing the
    nature and extent of his review and list each issue the petitioner
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    J-S41020-15
    wishes to have examined, explaining why those issues are
    meritless. The PCRA court . . . then must conduct its own
    independent evaluation of the record and agree with counsel that
    the petition is without merit.
    Commonwealth v. Rykard, 
    55 A.3d 1177
    , 1184 (Pa. Super. 2012)
    (citations omitted).
    After careful review of the parties’ briefs, the record and the relevant
    law, we agree with President Judge Reinaker’s analysis and affirm on the
    basis of his opinion. We instruct the parties to attach a copy of President
    Judge Reinaker’s decision in the event of further proceedings.
    Order affirmed.
    Judgment Entered.
    Joseph D. Seletyn, Esq.
    Prothonotary
    Date: 7/24/2015
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    IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA
    CRIMINAL DIVISION
    COMMONWEALTH OF PENNSYLVANIA
    v.                                      Nos. 3824-2008, 3826-2008, 5949-2009
    ANTHONY VELAZQUEZ
    Pa.R.A.P. 1925(a) MEMORANDUM OF OPINION
    BY: REINA.KER, J.
    February 17, 2015
    TI1e Defendant) Anthony Velazquez, has filed a Direct Appeal to the Superior Court from
    · his sentence in the_ above captioned matter. The Defendant entered a guilty plea on April 13,
    2010 on docket number
    . . ..
    3826-2008 ' for one count of'burglary' and one count of'harassmentr' on
    qo~ket number 3-824.:.2008, two COWltS of intimidatlon of a 'witness/ one count of aggravated
    assault, 4 and two counts of terroristic threats;" and on docket number 5949-2009, 13 counts of
    intimidation of a witness.6 On June 17, 2010, the Defendant was sentenced to an aggregate of 13
    to 26 years' incarceration.
    The Defendant tiled a timely notice of appeal to the Superior Court of Pennsylvania on
    September 20, 2010 but on June 27, 2011 the Superior Court affirmed the judgment of sentence.
    The Defendant's counsel did not seek an allowance of appeal in the Supreme Court of
    Pennsylvania. On March 23, 2012 the Defendant filed a pro se Motion for Post~Convktio1e                         r·;
    ; ..,
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    Collateral Relief and was appointed counsel, PCRA Counsel filed an Amended Petiti~ ong
    .                 ~
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    1
    18 Pa.C.S.A. §3502(a).                                                                 ('")          -0
    .2 J 8,"Pa.C.S.A §2709(a)(I ).                                                              Q            :y.:
    3
    18 Pa.C.S.A. §4952(a)(3).                                                          .'.'.i.:
    4                                                                                               -I
    18 Pa.C.S.A. §2702(a)(3).
    5                                                                                               ~·
    "18 Pa.C;S.A. ~2706(a)(l ).
    6
    18 Pa.C.S.A. §4952(a)(3).                                                                    ~
    APPENDIX      "A"
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    August 20, 2012 and a PCRA hearing was held on December 7, 2012. An Order granting, in Part
    Defendant's   Motion was granted on December 13, 2012. The Defendant's allowance of appeal to
    the Supreme Court of Pennsylvania, which was filed on September 27, 2013) was denied on
    October 30, 2013.
    Next, on March 3, 2014, the Defendant filed a second prose motion pursuant to the Post
    Conviction Relief Act. Christopher P. Lyden, Esquire was appointed to represent him and given
    leave to file an amended petition if deemed appropriate. On April 2, 2014, Mr. Lyden filed a
    "no-merit" letter and Motion to Withdraw as Counsel pursuant to Commonwealth v. Flnley, 
    550 A.2d 213
    (Pa.Super. 1998). 'I11c Court sent notice that it intended to dismiss his motion without a
    hearing pursuant to Pennsylvania Rule of Criminal Procedure 907(1) on May 13, 2014. The
    Defendant was given leave to respond and the Defendant timely filed a response on June 2, 2014,
    The Court reviewed the Defendant's response and concluded that he did not provide any relevant
    information in support of his claims of relief under the PCRA. Therefore, on June 10, 20 i4 the
    PCRA Court dismissed the petition. On December 15, 2014 the Defendant filed a notice of
    appeal and was directed to file a Pa.R.A.P. 1925(b) statement and he has done so. The
    Commonwealth has filed its Answer.
    In his appeal the Defendant identifies four issues involving the Court's denial of his
    PCRA. The Defendant asserts that the PCRA court abused its discretion in accepting his PCRA
    Counsel's No-Merit Letter and that in accepting the No-Merit Letter, the Court deprived him of
    the opportunity to have counsel advance his position for appeal. In his final three claims he
    asserts that the Court abused its discretion when it deprived him of the opportunity to have a
    PCRA hearing. However, the Court properly dismissed the Defendant's PCRA Petition
    •
    according to the requirements established by Commonwealth v, Finelr, 550 f1..2d 213 (Pa. 1988)
    •    •   •   I'   •   •   ....       •   •   '••   •   .       •
    2
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    and S:::ommonwealth v. Friend, 
    896 A.2d 607
    (Pa.Super. 2006). There are six requirements that a
    court and PCRA Counsel must take before a Motion to Withdraw may be granted.
    Commonwealth v. Friend states that:
    1) As part of an application to withdraw as counsel, PCRA counsel must attach to the
    11
    application a "no-merit" letter,                                                        ,.
    2) PCRA counsel must, in the "no-merit" letter, list each claim the petitioner wishes to
    have reviewed, and detail the nature and extent of counsel's review of the merits of each
    of those claims, .
    3) PCRA counsel must set forth in the "no-merit" letter an explanation of why the
    petitioner's issues are meritless,
    4) PCRA counsel must contemporaneously forward to the petitioner a copy of the
    application to withdraw, which must include (i) a copy of both the "no-merit" letter, and
    (ii) a statement advising the PCRA petitioner that, in the event the trial court grants the
    application of counsel to withdraw, the petitioner has the right to proceed pro se, 12 or
    with the assistance 'of privately retained counsel;
    5) the court must conduct its own independent review of the record in the light of the-
    PCRA petition and the issues set forth therein, as well as of the contents of the petition of
    PCRA counsel to withdraw; and                    · .                                          ·
    6) the court must agree with counsel that the petition is meritless."
    Com. v. Friend, 
    2006 Pa. Super. 70
    ,    ii 8, 
    896 A.2d 607
    , 615 (2006) abrogated by Com. v. Pitts,
    
    603 Pa. 1
    , 
    981 A.2d 875
    (2009).
    Here, both PCRA Counsel and this Court properly followed the procedures required ..
    PCRA Counsel filed a No-Merit Letter in which he discussed the Defendant's claims and
    explained why the issues were rneritless in detail. This letter was also sent to the Defendant and
    his PCRA Counsel explained that the Petitioner had the light to proceed prose. The Court also
    properly complied by conquctin~ its own independent review of the record and ultimately agreed
    with the PCRA Counsel that the Motion was meritless, Both PCRA Counsel and the Court gave
    the Defendant time to respond on numerous occasions; first, when his PCRA counsel filed his
    No-Merit Letter, and second after the Court mailed its Rule 907 Notice. The Court therefore
    3
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    refers and incorporates in this Opinion, its specific opinions on the meritless claims of the
    Defendant's Petition in its Rule 907 Notice issued on May 13, 2014.
    Accordingly, I conclude the grounds identified by theDefendant in his Pa. R.A.P.
    l 925(b) statement are meritless.
    BYTHECOURT:             11
    M8fDENN\S RE\N~KE~
    •      ~@RES, JUDGE
    DENNIS E. REINAKER
    PRESIDENT JUDGE
    February 17, 2015
    4
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    IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA
    CRIMINAL DIVISION
    COMMONWEALTH            OF PENNSYLVANIA
    v.                                        Nos. 3824-2008, 3826-2008, 5949·2009
    ANTHONY VELAZQUEZ
    Pa.R.Crim.P. 907 NOTICE
    On March 3, 2014, the Defendant filed a prose motion pursuant to the Post Conviction
    Relief Act Christophe!' P. Lyden, Esquire was appointed to represent him and given leave to file
    an amended petition if deemed appropriate. On April 2, 2014, Mr. Lyden filed a "no-merit"
    letter and Motion to Withdraw as Counsel pursuant to Commonwealth v. Finley, 
    550 A.2d 213
    (Pa.Super. 1998). For the reasons set forth below and after a review of the entire record, I
    conclude that the Defendant's motion is meritless and there are no genuine issues concerning any
    material fact. No purpose would be served .by any further proceedings.
    In order for PCRA counsel to be permitted to withdraw from the case, certain
    requirements must be met. First, counsel must submit a "no-merit" letter. This letter must detail
    the nature and extent of counsel's review of the case. The letter must also list each issue that the
    Petitioner complains of and counsel 's explanation as to why each issue is meritless. It is then the
    job of the PCR.1\ Court to conduct a thorough and independent review of the record. If the Court
    agrees with oounsel that the Petition is meritless, only then can counsel be permitted to
    . withdraw) and .the Petition may be dismissed without.further proceedings,    See Finley 
    5 50 A.2d at 215
    . Stated in another way, the Court must provide "an independent expression of its reasons"
    .                .       .                        .          ~- ~ (.")
    for dismissing the Petition without a hearing." ~ommonwealth v._ _fuiton, 
    876 A.2d 3
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    ~     ~       ::0
    (Pa. 2002).                                                                              ~     -<      :.x
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    Circulated 07/15/2015 09:47 AM
    First, the Court will review counsel's "no-merit" letter for compliance with Finley.
    Counsel states in his letter that he performed a review of the petition as well as conducted
    additional legal research addressing the issues raised in the petition. (No-Merit Letter p. 1 ).
    Counsel reviewed documents in the file, the guilty plea and sentencing transcripts, and the pro se
    Motion. (No-Merit Letter p. 1 ). Next> counsel documents the case's entire procedural history
    and quotes the sections of the Defendant's Motion where he describes the issues he wishes to
    have addressed. (No-Merit Letter p.1-2).
    ln the remaining portion of the letter, counsel addresses all six of the Defendant's issues
    and exp fains why each issue lacks merit. The Defendant asserts six claims for relief under the
    PCRA. The Defendant essentially asserts his innocence pertaining to the crimes he plended
    guilty to. He argues that he 1) did not commit a burglary) 2) did not send threatening letters to
    the. victim, and 3) did not commit an aggravated assault. 4) The Defendant claims that the victim,
    Jennifer Moyer, did not testify at the preliminary hearing> 5) he was promised a four (4) to eight
    (8) year sentence to at the preliminary hearing, and 6)-he did not have a "Mental Health Hearing»
    prior to being sentenced.
    First, PCRA counsel explains that there is no record of objection raising the Defendant's
    claims in the lower court. As such, the Defendant's claims were waived and not reviewable on
    direct appeal to the Pennsylvania Superior Court. Counsel further advises the Defendant that in
    order to avoid waiver under the PCRA he may claim that his prior counsel was ineffective. (No-·
    Merit Letter p.1 ). Counsel then details the standard that must be met in proving such a claim: 1)
    .the underlying claim
    .
    is of arguable merit, 2). counsels actions were unreasonable,
    .           and 3) there is.
    a reasonable probability that the outcome of the proceedings would have been different. (!g.
    .                                          .
    quoting Com!J}OJl'Y~fil.!!1 v. Lambert, 
    568 A.2d 346
    ,
    .   
    797 A.2d 232
    , 243 (Pa.. 2001.). Counsel then
    2
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    explains that the Defendant plead guilty; therefore, allegations of ineffectiveness in connection
    with a guilty plea will serve as the basis of relief only if the ineffectiveness causes the petitioner
    to enter an involuntary or unknowing plea (No-Merit Letter p.2 citing Commonwealth v. Allen,
    
    557 Pa. 132
    (1999)).
    Second, PCRA counsel explains that claims one, two, and three lack merit. Counsel cites
    to the Guilty Plea transcript and states that this Court summarized the facts and circumstances of
    each criminal charge and the Defendant acknowledged each offense. (No-Merit Letter p.2). As
    such, claims for relief under the PCRA are not cognizable when the record contradicts them. In
    short, counsel states that since the Defendant admitted to conunitting these offenses on the
    record he cannot now claim innocence, 
    Id. Third, with
    regard to claims four and five counsel
    points out that claims of ineffectiveness at a preliminary hearing are not cognizable under the
    PCRJ ... @., citing Commonwealth v. Lyons, 
    568 A.2d 1266
    (1989)).
    'Finally, PCRA counsel explains that with regard to count six, at the time of the guilty
    plea> the question of whether the plea would be entered as "Guilty but Mentally Ill" was ieft open
    and the Commonwealth indicated it wished to challenge this status. (No Merit Letter p.2).
    However, at the sentencing hearing the Commonwealth withdrew this challenge. As a result
    counsel avers that the Defendant's plea was entered as Guilty but Mentally Ill. 
    Id. Counsel concludes
    that since this did not prejudice the Defendant this argument has no merit.
    TI1e Court is satisfied that PCRA counsel sufficiently complied with the mandates of
    ·Finlev·in its "No-Merit'vLetter.   Nextthe Court must per.form.an.independentreviewof.the.
    entire record. Counsel informed the Defendant in the '.'No-Me1it" .Letter that should he have any
    questions h~ was to contact counsel's office. Further, the Defendant was notified of counsel's
    intent to withdraw .. (No Merit Letter p.2). TI1e Court did not receive any documentation or
    Circulated 07/15/2015 09:47 AM
    correspondence from the Defendant. Therefore, the Court reviewed the pro se Motion, the guilty
    plea and sentencing transcripts and the other documentation contained in the file. The Court's
    analysis follows.
    The law presumes that counse] was effective and the Defendant has the burden of proving
    ineffectiveness. Conunomvealtl1 v. Brooks, 
    839 A.2d 245
    , 248 (Pa. 2003). Therefore, to prevail
    on an ineffectiveness claim, the Defendant must demonstrate that: (1) the underlying claim is of
    arguable merit; (2) counsel's performance lacked a reasonable basis; and (3) counsel's
    performance caused him prejudice. Copunonwealth v. Miller, 
    746 A.2d 592
    (Pa. 2000).
    Additionally, to be eligible for relief, the petitioner must both plead and prove his case. 42
    Pa.C.S.A. §9543(a). The Defendant fails to present any claim of"arguable       merit" in his Motion.
    The Defendant first argues that he is entitled to relief because heis innocent of the
    charges he pleaded guilty to. As PCRA counsel indicated, this claim is not meritorious.     The
    record shows that the Defendant tendered a knowing and voluntary guilty plea The Defendant
    entered a guilty plea on April 13, 2010 on docket numbers 3826-2008, 3824~2008, and 5949-
    2009. At the time of the guilty plea, the Defendant indicated to the Court that he understood he
    was present to plead guilty to seventeen charges on three different dockets and understood what
    the maximum penalties were under the law. (Notes of Testimony Guilty Plea, hereinafter
    "N.T.GP.,, 4-9). In addition, the Defendant indicated to the Court that be understood what
    elements the Commonwealth would have to prove for each charge and noted that he discussed
    ·· this with trial counsel. '(N;T :GP. 4-9). Finally, the Defendant acknowledgedthathesigned       the
    guilty plea slip, guilty plea coII~quy and admitted to the factual basis for the plea. (N.T.GP. 9).
    These circumstances indicate that the Defendant's plea was both knowing and voluntary, Claims
    for relief ate not cognizable when the record contradicts· them: Commonwealth v: Alle11, 557 Pa.
    Circulated 07/15/2015 09:47 AM
    135 (1999). The record clearly indicates that the Defendant admitted to committing the
    aforementioned offenses. As such, the Defendant's claim that he is innocent of everything he .
    pleaded guilty to lacks merit. The
    .
    Court followed proper procedure in this . case and, therefore,
    the Defendant's claim has no arguable merit.
    Next, Defendant argues he is entitled to relief because Jennifer Moyer did not testify at
    his preliminary hearing. The Defendant also argues that he is entitled to relief because he was
    promised a four (4) to eight (8) year sentence at the preliminary hearing. These claims are
    meritless, Where matters of strategy and tactics are concerned, counsel's assistance is generally
    deemed constitutionally effective if the course chosen had some reasonable basis designed to
    effectuate the defendant's interests. Commonwealth v. Miller, 
    819 A.2d 504
    , 517 (Pa. 2002).
    Such a claim cannot succeed through a hindsight comparison of the chosen strategy and other
    alternatives. 
    Id. Allegations of
    ineffectiveness in connection with the entry of a guilty plea will
    serve as the basis for relief only if the ineffectiveness causes the petitioner to enter an
    involuntary er unknowing plea. Conunonwealth       v. Allen, 
    557 Pa. 132
    (1999).    Ultimately, it was
    the Defendant's sole decision to plead guilty. The court specifically asked the Defendant: "has
    anyone made any promises or threats to you in return for your guilty plea here today?" (N.T.GP.
    11 ). The Defendant responded ''No. H 
    Id. The Court
    then asked "Has anyone made any promises
    as to what my sentence might be in return for your plea?"    14. The Defendant     responded "No." 
    Id. As such,
    the Defendant has failed to prove that his guilty plea was induced by Trial Counsel's
    erroneous advice; and-therefore; the Defendant has· failed to proveany prejudice resulting against
    him. As such, the Defendant's realization that he was unhappy with the sentence he ultimately
    pleaded guilty to does not amount to the ineffective assistance of counsel. Disappointed
    expectations don't vitiate guilty pleas. _
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    Finally, the Defendant argues that he is entitled to relief because he should have been
    afforded a "Mental Health Hearing" prior to being sentenced. During the Defendant's guilty plea
    on April I 3) 2010; the Commonwealth requested a brief mental health hearing in order to
    challenge the Defendant's request to enter a plea as "Guilty but Mentally Ill." (N.T.GP. 3). The
    Commonwealth indicated it was "seeking to have a mental health professional evaluate Mr.
    Velazquez for his amenability to treatment" in either of two separate facilities. (N.T.GP. 14).
    Subsequently, at sentencing the Commonwealth withdrew this challenge. Assistant District
    Attorney Robert Smulktis indicated the following: "at the guilty plea we made mention that the
    Commonwealth would be making some effort to dispute whether Mr. Velazquez would be sent
    to Norristown State Hospital or a state correctional institution. Tue Commonwealth is not
    pursuing that anymore and I will allow the state correctional institution to determine an
    appropriate place to house Mr. Velazquez." (Notes of Testimony Sentencing, hereinafter
    "1'1.T.S.~, 29). As such, the need for au evaluation prior lo sentencing was unnecessary. There
    was no prejudice attributed to the defendant; therefore, the Defendant's claim is without merit.
    Notice is given to the Defendant that I intend to dismiss his motion without a hearing.
    The Defendant is granted leave until June 2, 2014 to respond to this notice and provide the Court
    with any relevant information or documentation for review.
    f certify this document to be filed                              BY THE COURT:
    in the Lancaster County Office of
    ``~·#~·.,~
    th~,``'~,`` of ~he_ Courts.
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    ````·~:ti-:!``                JJ
    {!_-                           /sfDENNIS REINAKER
    JUDGE
    . -DE!\fNIS E." RElNAKER
    JUDGE
    i1:~1pli:``                       I     ~
    MAY 13, 2014
    \\;~,}J
    '%-~;``-:>
    Joshua G. Parsons ·
    Clerk of lhe Courts
    ~:,``T:
    Copies to. .          Anthony Velazquez, SCI Fayette, Box 9999, Labelle,        PA   15450~0999
    Christopher P. Lyden, Esquire
    District Attorney's Office .
    6
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    Rec.f'hmrl In Superior Court
    ANTHONY VELAZQUEZ                                       APR O 6 2015
    #JR-3094
    SCI-FAYETTE
    BOX 9999                                                    MIDDLE
    LABELLE, PA 15450-0999
    .{\t)r~\        _i_,    2015
    \
    JOSEPH D. S~LETYN, ESQUIRE - PROTHONOTARY
    SUPERIOR COURT OF PENNSYLVANIA - MIDDLE DlSTRICT
    OFFICE OF THE PROTHONOTARY
    601 COMMONWEALTH AVENUE, SUITE 1600
    HARRISBURG, PA 17106-2435
    RE: Commonwealth v. Anthony Velazquez,
    superior Court No. 220~ MDA 2014
    Trial Court Docket No: CP-36-CR-0003824-2008,
    CP-36-CR-0003826-2008, CP-36-CR-0005949-2009
    Dear Mr. Seletyn:
    Please acknowledge receipt of the enclosed seven (7) copies
    of the foregoing Brief for Appellant for filing in the above
    captioned ap~eal.
    In conclusion, I thank you in advance for your attention and
    9onsideration in these and other matters.
    ( s)
    cc.
    Graig William Stedman, Esguire
    Lancaster County District Attorney;
    Enclosures.
    wt.
    Inmate Mail·· Pn
    Dopartment of Corrections
    ...   (