Loading...
HomeMy WebLinkAboutCP-21-CR-0000055-2004 COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : V. : : : MICHAEL LAVERNE HEBERLIG : CP-21-CR-0055-2004 IN RE: PETITION TO EXPUNGE CRIMINAL RECORD AND FOR WRIT OF MANDAMUS OPINION AND ORDER OF COURT Masland, J., September 16, 2010:-- Before the court are a petition to expunge criminal record and a petition for writ of mandamus or extraordinary relief filed by petitioner, Michael Laverne Heberlig. Both petitions lack merit and are therefore denied without a hearing. BACKGROUND Petitioner, representing himself, is currently incarcerated in a state correctional institution. He is serving a sentence of 20 to 40 years pursuant to a negotiated guilty plea to a charge of third degree murder. Petitioner had initially been charged with a host of other crimes, including first degree murder, where he faced the death penalty. Relevant here, petitioner was also sentenced to pay the costs of prosecution. Now, several years later, petitioner asks the court to hold a hearing to determine whether the charges that were dismissed pursuant to his plea agreement should be expunged from his criminal record. He also requests a hearing to challenge the allegedly improper imposition of the costs of prosecution. CP-21-CR-0055-2004 EXPUNGEMENT Petitioner asserts he is entitled to a hearing on his expungement request pursuant to our Supreme Court's ruling in Commonwealth v. Wexler, 431 A.2d 877 (Pa. 1981). The court disagrees. Petitioner's reliance on Wexler is misplaced. Here, petitioner's charges were dismissed as a result of a negotiated plea agreement. The dismissal of charges resulting from a plea agreement does not entitle the petitioner to the expungement of those charges. Commonwealth v. Lutz, 788 A.2d 993 (Pa. Super. 2001). Such a request may be denied without an evidentiary hearing. Id. Petitioner's expungement request is denied. COSTS OF PROSECUTION Petitioner contends he is not challenging the imposition of costs as part of his sentence. Instead, he is challenging the Clerk of Court's allegedly vague assessment of the costs. Because the record contains ample documentation of the basis for the costs assessed against him, petitioner's request is denied. Upon conviction, a defendant is liable for all costs necessary for his prosecution. 16 Pa. C.S. 7708. “The burden of proving that the expenses were § necessary and in connection with the prosecution rests with the Commonwealth.” Commonwealth v. Garzone, 993 A.2d 306, 321 (Pa. Super. 2010). To satisfy this burden, the defendant must be provided with a specific bill of costs to show how the costs were necessary for his prosecution. Commonwealth v. Coder, 415 A.2d 406, 409 (Pa. 1980). Here, the record includes an itemized bill of costs derived from the -2- CP-21-CR-0055-2004 petitioner's criminal docket sheet. Pet.'s Ex. D. This detailed document clearly carries the Commonwealth's burden as to costs. Petitioner's bald assertion that costs listed for Sheriff's Costs are vague is insufficient to undermine the validity of the costs assessed against him. Further, petitioner's challenge is untimely. Petitioner's claim is premised upon the argument that the sentencing court did not have the authority to impose the costs at issue. So framed, he presents a legality of sentencing claim. Garzone, 993 A.2d at 316. Petitioner pleaded guilty and was sentenced almost six years ago. By statute, any challenge to the legality of his sentence must be brought within 30 days of the imposition of sentence. 42 Pa. C.S. §5505. In short, the court lacks jurisdiction to modify petitioner's sentence and the petition is denied. Accordingly, the court enters the following order. ORDER OF COURT AND NOW, this day of September, 2010, upon consideration of the petition to expunge criminal record and the petition for writ of mandamus or extraordinary relief filed by petitioner, Michael Heberlig, the court finds both DISMISSED. petitions lack merit and are therefore By the Court, Albert H. Masland, J. -3- CP-21-CR-0055-2004 Joshua M. Yohe, Esquire Assistant District Attorney Michael Laverne Heberlig, GB 3167, Pro se SCI Somerset 1600 Walters Mill Road Somerset, PA 15510 Gregory B. Abeln, Esquire :saa -4- COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : V. : : : MICHAEL LAVERNE HEBERLIG : CP-21-CR-0055-2004 IN RE: PETITION TO EXPUNGE CRIMINAL RECORD AND FOR WRIT OF MANDAMUS ORDER OF COURT AND NOW, this day of September, 2010, upon consideration of the petition to expunge criminal record and the petition for writ of mandamus or extraordinary relief filed by petitioner, Michael Heberlig, the court finds both DISMISSED. petitions lack merit and are therefore By the Court, Albert H. Masland, J. Joshua M. Yohe, Esquire Assistant District Attorney Michael Laverne Heberlig, GB 3167, Pro se SCI Somerset 1600 Walters Mill Road Somerset, PA 15510 Gregory B. Abeln, Esquire :saa