DocketNumber： 255
Judges： Spaeth, Wickersham, Brosky, Wieand, Cirillo, Sole, Montemu-Ro, Johnson, Popovich, Montemuro
Filed Date： 11/1/1985
Status： Precedential
Modified Date： 10/19/2024
May a defendant withdraw a negotiated plea of guilty after sentence has been imposed when, in a related case, it is determined that prosecution should have been brought by the District Attorney of Allegheny County and not by the Attorney General of Pennsylvania? The trial court refused to permit the withdrawal of the guilty plea under these circumstances. We affirm.
On January 6, 1982, Edward Khorey, a police officer in the Borough of Munhall, was arrested and charged with bribery, criminal solicitation, obstructing the administration of law, and criminal conspiracy in connection with an alleged attempt by Bruce Carsia, Esquire, to “fix” a criminal case in which Carsia’s clients were involved. The arrest was made as a result of an investigation conducted by the
In the criminal action against Bruce Carsia, the trial court subsequently held that the Attorney General lacked authority to prosecute under the Commonwealth Attorney’s Act, 71 P.S. § 732-101 et seq. The information signed by the Attorney General charging Carsia, therefore, was dismissed.
“When considering a petition to withdraw a guilty plea submitted to a trial court after sentencing ... it is well established that ‘a showing of prejudice on the order of manifest injustice’ ... is required before withdrawal is properly justified.” Commonwealth v. Shaffer, 498 Pa. 342, 346, 446 A.2d 591, 593 (1982) (emphasis in original). See also: Commonwealth v. Starr, 450 Pa. 485, 490, 301 A.2d 592, 595 (1973). Manifest injustice exists where “the plea was involuntary, or was entered without knowledge of the charge.” Commonwealth v. Shaffer, supra 498 Pa. at 346, 446 A.2d at 593, quoting American Bar Association
“A plea of guilty constitutes a waiver of all nonjurisdic-tional defects and defenses____ 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. Montgomery, 485 Pa. 110, 114, 401 A.2d 318, 319 (1979). See also: Commonwealth v. Moyer, 497 Pa. 643, 444 A.2d 101 (1982); Commonwealth v. Greer, 457 Pa. 646, 326 A.2d 338 (1974); Commonwealth v. Rice, 456 Pa. 90, 318 A.2d 705 (1974); Commonwealth v. McNeill, 453 Pa. 102, 305 A.2d 51 (1973).
Khorey was not unaware of the consequences of his guilty plea. He had filed a pre-trial motion to quash the information on grounds that the Attorney General lacked authority to prosecute him. He withdrew the motion to quash in order that he might accept a favorable plea bargain offered by the Commonwealth. The terms of that bargain required the prosecution, in exchange for Khorey’s plea of guilty, to recommend a sentence of probation. The guilty plea was preceded by a full and complete colloquy which included advice regarding the limited number of issues which could be raised on appeal following a plea of guilty. Thus, appellant fully understood that by entering a plea of guilty he would be withdrawing and would thereby waive the right to challenge the Attorney General’s authority to investigate and prosecute his alleged participation in criminal activity in Allegheny County. This was part of the price which he paid for the sentence of probation.
Appellant does not contend on appeal that he failed to understand either the charges to which he pleaded guilty or the effect of his guilty plea. He argues that manifest injustice occurred because Carsia and other defendants similarly investigated and prosecuted were able to argue successfully that the Attorney General lacked authority to investigate and prosecute alleged corrupt practices in Allegheny County. We reject this argument. Subsequent rul
The trial court, contrary to appellant’s argument, did not lack jurisdiction to accept appellant’s guilty plea and impose sentence. The Commonwealth Attorney’s Act, supra, did not limit in any way the jurisdiction of the several courts of common pleas to hear and decide criminal cases. The statute served only to define the scope of the Attorney General’s duties and responsibilities to investigate and prosecute criminal activity vis-a-vis the duties of the several district attorneys. Whether or not the Attorney General had authority to investigate and prosecute criminal activity was not determinative of the competency of the trial court to hear and determine controversies in criminal cases. Commonwealth v. Little, 455 Pa. 163, 314 A.2d 270 (1974). The courts of common pleas of each judicial district are vested with “unlimited jurisdiction in all cases except as may otherwise be provided by law.” Constitution of Pennsylvania, Article V, Section 5(b). The jurisdiction of the courts of common pleas to hear and decide criminal cases has been neither abrogated nor limited by the Commonwealth Attorney’s Act.
When Edward Khorey entered pleas of guilty, he abandoned an uncertain argument in exchange for a sentence that was both certain and favorable. He thereby waived the right to question further the fact that he had been prosecuted by the Attorney General and not by the District Attorney of Allegheny County. He will not be permitted to resurrect his pre-trial motion after he withdrew it, entered a plea of guilty and was sentenced for his crime.
The judgment of sentence for bribery, therefore, will be affirmed. The indefinitely suspended sentences for the remaining offenses, however, will be vacated. In Commonwealth v. Ferrier, 326 Pa.Super. 331, 473 A.2d 1375 (1984), this Court said:
*177 Indefinitely suspended sentences were condemned by the Supreme Court in Commonwealth v. Duff, 414 Pa. 471, 200 A.2d 773 (1964), where the Court said:
“Theories of implied probation and indefinite suspension of sentence are not only contrary to the clearly expressed intention of the legislature, but are also violative of true principles of probation and, as in this case, promote confusion where none should exist.”
Id., 414 Pa. at 474, 200 A.2d at 774. Although the Duff Court ascertained the intent of the legislature from earlier sentencing statutes, the same legislative intent is apparent from 42 Pa.C.S. § 9721(a). An indefinitely suspended sentence is not a sanctioned sentencing alternative. Moreover, it is as true now, as it was when Duff was decided, that an indefinitely suspended sentence violates “true principles of probation” and causes confusion where none should exist.
Id., 326 Pa.Superior Ct. at 337, 473 A.2d at 1378. Not only is an indefinitely suspended sentence unauthorized, but it can serve no proper purpose. It cannot subsequently be revoked and an alternate sentence imposed, for the later sentence will violate principles of double jeopardy. Commonwealth v. Goldhammer, 507 Pa. 236, 489 A.2d 1307 (1985). Such a sentence can only be the source of future mischief. See: Commonwealth v. Goldhammer, supra, and Commonwealth v. Ferrier, supra. We hold, therefore, that indefinitely suspended sentences are illegal sentences which serve no valid purpose. They should not be imposed.
The judgment of sentence for bribery is affirmed. The suspended sentences for criminal solicitation, obstructing the administration of law, and criminal conspiracy are vacated.
. This Court affirmed in Commonwealth v. Carsia, 341 Pa.Super. 232, 491 A.2d 237 (1985).