HomeMy WebLinkAbout00-2047...criminalCOMMONWEALTH :IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 00-2047 CRIMINAL
:NO. 00-2343 CRIMINAL
v. :NO. 00-2342 CRIMINAL
:NO. 00-2171 CRIMINAL
:NO. 00-2139 CRIMINAL
ROBERT ALLEN SMITH :NO. 00-2296 CRIMINAL
:NO 00-2227 CRIMINAL
OPINION PURSUANT TO PA. R.A.P. 1925
Before HOFFER, P.J.
OPINION
HOFFER, P.J.:
Defendant, Robert Allen Smith, pled guilty to the above captioned matters
on April 24, 2001.~ This Court subsequently sentenced Defendant in the above
captioned matters on June 19, 2001.2 Following the sentencing, the Defendant
stated to Court-appointed Counsel, Dirk E. Berry, Esquire, that he did not desire
to pursue either a Post Sentencing Motion or an Appeal. Now, Defendant has
decided to appeal his convictions directly to the Superior Court of Pennsylvania.
In Defendant's Petition for Direct Appeal, he asked "this Honorable Court to grant
this appeal pursuant to P.C.R.A. for reasons of (1) ineffective assistance, (2)
violation of constitutional provisions, (3) unlawfully induced guilty plea, and (4)
allegations of error." As such, this Court has not had the opportunity to hear the
Defendant's rationale for any of his issues on appeal.
copy of the April 24, 2001 Guilty Plea colloquy is attached to this opinion.
copy of the June 19, 2001 Sentence Colloquy is attached to this opinion.
On July 19, 2001, Dirk E. Berry petitioned for leave to withdraw as counsel
for Defendant, because it would be a conflict of interest to attempt to pursue an
appeal based upon his own alleged ineffectiveness. On August 22, 2001,
pursuant to Order from The Superior Court of Pennsylvania, Dirk E. Berry's
Petition for Leave to Withdraw was denied.
2