Opinion

Commonwealth, Aplt. v. Hvizda, J.

  • 632 Pa. 3
  • 116 A.3d 1103
  • 2015 Pa. LEXIS 1280
Court
Supreme Court of Pennsylvania
Filed
Jun 15, 2015
Status
Published
Author
Stevens
On the bench
Castille, Saylor, Eakin, Baer, Todd, McCaffery, Stevens
Cited by
88 cases
Authority
More cited than 11.7%

overruling the holding in Commonwealth v. Lesko, 467 A.2d 307 (Pa. 1983), that the post-sentence plea withdrawal standard applies to plea withdrawal requests where the parties have negotiated a sentence, but the defendant moves to withdraw the plea prior to sentencing; Prendes also relied on that holding in Lesko

How later courts described this case

  • overruling the holding in Commonwealth v. Lesko, 467 A.2d 307 (Pa. 1983), that the post-sentence plea withdrawal standard applies to plea withdrawal requests where the parties have negotiated a sentence, but the defendant moves to withdraw the plea prior to sentencing; Prendes also relied on that holding in Lesko
  • noting Carrasquillo’s holding that “a bald assertion of innocence” is no longer sufficient grounds to permit withdrawal of a guilty plea, and concluding that -7- J-S68022-18 Hvizda’s innocence assertion was “implausible” because it was unsupported by his evidence and rebutted by the Commonwealth’s offer of proof.
  • asserting that "the Majority's opinion is so amorphous in its statement of the law that it can be read to say that a trial court, having the opportunity to observe the defendant, can, in its discretion, convert any reason for withdrawal into a 'bare assertion of innocence' and deny the motion"
  • holding that defendant’s bare assertion of innocence was insufficient reason to require granting of defendant’s presentence request to withdraw his plea

Written by the judges who cited it.

The opinion

CONCURRING OPINION

Justice STEVENS.

I join the majority.

Similar to the companion case of Commonwealth v. Carrasquillo, 631 Pa. 692 , 115 A.3d 1284 (2015), I write separately to emphasize my disapproval with the Superior Court’s bright-line rule that prohibited, as a matter of law, trial courts from assessing the credibility of an “assertion of innocence” made in the context of a presentence motion to withdraw a guilty plea. This per se approach, which was based upon the utterance of “magic words,” undermined the trial court’s role as a finder of fact and removed necessary discretion from the court. I agree with the majority that such an approach was unsatisfactory. Trial courts must be permitted to evaluate the credibility of an accused’s assertion of innocence, including the evidence of guilt, of delay, and of ulterior or illicit motive in *10 ruling upon an accused’s presentence motion to withdraw a guilty plea.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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