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HomeMy WebLinkAbout97-1338 Criminal (2)COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : vs. : 97-1338 CRIMINAL SAM L. WILLIS : IN RE: PCRA PETITION BEFORE HESS, J. ORDER AND NOW, this /~' · day of December, 1998, the petition of Sam L. Willis for post-conviction relief is DENIED. The petitioner is herewith notified of his right to file an appeal to the Superior Court of Pennsylvania within thirty (30) days of the date of this order. BY THE COURT, Office of District Attorney ~ A. Hess, J. Darrell C. Dethlefs, Esquire Court-appointed for Defendant Sam L. Willis :rim COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ' 97-1338 CRIMINAL SAM L. WILLIS · IN RE: PCRA PETITION BEFORE HESS, J. OPINION AND ORDER On March 9, 1998, the petitioner, Sam L. Willis, entered a guilty plea to a count of possessing marijuana with intent to deliver. The case was one in which his son, John S. Willis, had also been arrested. An agreement was reached whereby Mr. Sam Willis would accept primary responsibility, thus sparing his son John a severe sentence. The petitioner, however, would be required, under the terms of the agreement to undergo the mandatory minimum jail term of four years. In a colloquy which extended for sixteen pages of record, we satisfied ourselves that the plea was knowingly, intelligently and voluntarily entered. The defendant now claims that trial counsel was ineffective for failing to file a motion to withdraw the guilty plea. Trial counsel is presumed to be effective and the defendant bears the burden of proving otherwise. Commonwealth v. Hancharik, 534 Pa. 435,445,633 A.2d 1074, 1079 (1993). To establish an ineffective assistance claim, the petitioner must first demonstrate that the action or inaction was not grounded in any reasonable basis designed to effectuate petitioner's interest; and, finally, that but for the act or omission in question, the outcome of the proceedings would have been different. Commonwealth v. Travaglia, 541 Pa. 108, 661 A.2d 352 (1995). The 97-1338 CRIMINAL outcome in this case would not have been different, for our review of the record reveals that, even had a motion been timely filed, the defendant would not have been permitted to withdraw his guilty plea. The petitioner's contention that he entered this guilty plea against his will was belied by testimony of trial counsel that he made his client aware of all of the options and talked to Mr. Willis at length about them. It is within the discretion of the PCRA court, as trier of fact, to pass upon the credibility of witnesses and determine the weight to be afforded the evidence produced. The factfinder is free to believe all, part or none of the evidence. Commonwealth v. Frederick, 327 Pa. Super. 199, 210, 475 A.2d 754, 760 (1984). We have no difficulty accepting Mr. Willis' assertion that his decision to take the bnmt of punishment in this case was a difficult one. Difficult though it may have been, the choice was, in the final analysis, the petitioner's alone. We have carefully reviewed the guilty plea colloquy of March 9, 1998. It is clear that at the time of his guilty plea, the petitioner understood the nature of the penalties involved in his case as well as his various procedural and constitutional rights. He was made aware that he was waiving pretrial issues, including suppression issues. In the course of the plea, petitioner admitted that the marijuana involved was his and does not, even now, assert his innocence. A grant of the current motion would have the effect of vacating the petitioner's sentence while, at the same time, retaining favorable treatment for his co-defendant. Based on all the circumstances, we enter the following order. 2 97-1338 CRIMINAL AND NOW, this ORDER day of December, 1998, the petition of Sam L. Willis for post-conviction relief is DENIED. The petitioner is herewith notified of his right to file an appeal to the Superior Court of Pennsylvania within thirty (30) days of the date of this order. BY THE COURT, · Hess, J. ./ Office of District Attomey Darrell C. Dethlefs, Esquire Court-appointed for Defendant Sam L. Willis :rlm