The opinion
BECK, Judge,
concurring.
I concur in the majority’s affirmance, and reach that result using a different analysis. I find the majority’s rationale would restrict too narrowly the trial court’s inquiry where defendant wishes to withdraw a guilty plea.
Appellant claims that his guilty plea was involuntary. He argues that he relied upon trial counsel’s advice to plead guilty based on counsel’s judgment that the after-discovered affidavit was admissible. The question is whether it was proper for the trial court to inquire into counsel’s pre-plea actions in determining ineffectiveness. I would find such inquiry was proper.
The majority concludes that by pleading guilty appellant has waived any claim that his plea was involuntary based upon trial counsel’s advice. The majority instructs the trial court to focus only on the plea colloquy in determining the voluntariness of the plea.
In this case I conclude that the voluntariness of the plea cannot be accomplished by a review of the plea colloquy alone. Rather, an inquiry into counsel’s pre-plea actions should be permitted to determine counsel’s effectiveness. The principles established in Commonwealth v. Nelson, 393 Pa.Super. 611 , 574 A.2d 1107, 1110-15 (1990) are applicable to the instant case. In Nelson , a PCRA challenge, appellant was entitled to withdraw his guilty plea where counsel was unaware that appellant had a meritorious fifth amendment challenge to his pre-trial inculpatory statement, and where appellant relied upon counsel’s advice in entering the plea.
*576 In the instant case, I agree with the majority that post-sentence guilty pleas result in waiver of all questions except for jurisdiction, legality of sentence and voluntariness of the plea. However, I conclude that the advice of counsel which led directly to the plea implicates the voluntariness of the plea. I therefore would permit inquiry into counsel’s pre-plea advice.
However, the majority is correct that appellant’s challenge must fail. Appellant’s claim has no arguable merit. The trial court did not abuse its discretion in reopening the proceeding on the basis of the after-discovered affidavit. Further, counsel had a sound strategic reason in advising appellant to plead guilty. The affidavit was of such probative value that it clearly exposed appellant to the death penalty. See Commonwealth v. Lewis, 423 Pa.Super. 94 , 620 A.2d 516, 518-19 (Pa.Super.1993).