HomeMy WebLinkAbout98-1039 criminalCOMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
V. :
:
:
CHRISTINA NICULAE : NO. 98-1039 CRIMINAL TERM
:
:
OPINION PURSUANT TO APPELLATE RULE 1925
Defendant has appealed to the Superior Court from a judgment
of sentence imposed on December 1, 1998. She had been found
guilty following a jury trial of driving under the influence of
alcohol while the amount of alcohol in her blood was .02% or
greater. [75 Pa. C.S.A. § 3731 (a)(4)(ii)].~
The Defendant had been represented by the Public Defender at
all stages of the criminal proceedings from the preliminary
hearing through sentence. No post sentence motions were filed.
On December 29, 1999, Defendant retained private counsel who
filed a timely appeal from the judgment of sentence. It appears
that the basis for the appeal is alleged ineffectiveness of trial
counsel.2
The claim of ineffective assistance of counsel is not waived
if it is raised at the earliest opportunity. See Com. v.
Montalvo, 434 Pa. Super. 14, 641A.2d 1176 (1994) and Com. v.
~The jury found her not guilty of driving under the
influence of alcohol to a degree that rendered her incapable of
safe driving. [75 Pa. C.S.A. § 3731 (a)(1) ] We found her guilty
of a summary violation of operating a vehicle in the wrong
direction on a one way street. [75 Pa. C.S.A. § 6308].
2See Partial Statement of Matters Complained of on Appeal
filed by Counsel pursuant to Pa. R.A.P. 1925(b).
NO. 98-1039 CRIMINAL TERM
Thuy, 424 Pa. Super. 482, 623 A.2d 327 (1993). A remand for an
evidentiary hearing would be appropriate if the appellate record
is not sufficient to facilitate review. Com. v. Thu¥, supra.
In any event, the issue of trial counsel's ineffectiveness
was never presented to us for review. Therefore, an expression
of opinion by us on the merits of the contentions would not be
appropriate.
February / 0 , 1999
Edward E. Guido
cc: Travis N. Gery, Esquire
For the Commonwealth
H. Anthony Adams, Esquire
For the Defendant
:sld