HomeMy WebLinkAboutCP-21-CR-1374, 1381 & 1409-1999
COMMONWEALTH
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
SHAWN S. GESSLER
NO. CP-21-CRIMINAL 1374 - 1999
CP-21-CRIMINAL 1381 - 1999
CP-21-CRIMINAL 1409 - 1999
IN RE: OPINION PURSUANT TO Pa. RA.P. 1925
Guido, J., September
, 2005
On December 14, 1999 Petitioner entered a guilty plea to six counts of robbery at
99-1374, to one count of robbery at 99-1381 and a plea of nolo contendere to one count
of conspiracy at 99-1409.1 On February 8,2000, we imposed a sentence of711z to 15
years incarceration in connection with the robbery at 99-13 81? Lesser state sentences
were imposed in connection with the other charges. We directed that all sentences run
concurrently with each other. However, we also directed that they run consecutively to
robbery sentences previously imposed in Dauphin County.
No direct appeal was filed. However, petitioner filed a timely request for relief
under the Post Conviction Relief Act. 3 He alleged that his counsel was ineffective for
failing to enforce a purported plea agreement to have the sentences in these matters run
concurrently with those in Dauphin County. He further alleged that his plea was not
knowingly voluntarily and intelligently entered because he was led to believe that these
sentences would run concurrently with those imposed by Dauphin County.
1 Each of the robbery counts was subject to a mandatory five year minimum sentence.
2 Even though shots were actually fired in connection with that particular robbery, we still sentenced the
defendant in the low end of the standard range.
342 Pa. C.S.A. 9541 et seq.
On June 17, 2005 we held an evidentiary hearing. At the conclusion of testimony
we were satisfied that no such plea agreement was ever made with the Commonwealth.
We were further satisfied that nobody ever led petitioner to believe that his Cumberland
County sentences were to run concurrently with those imposed by Dauphin County.
Having thus determined that his pleas were knowingly, voluntarily and intelligently
entered and that his counsel was not ineffective, we denied his request for relief.
DATE
Edward E. Guido, J.
Jaime M. Keating, Esquire
Jessica B. Rhoades, Esquire
Probation
Sheriff
SCI - Cresson
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