HomeMy WebLinkAboutCP-21-CR-0000005-2011
COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
V. :
:
THOMAS WILLIAM REED : CP-21-CR-0005-2011
In Re: Opinion Pursuant to Pa. R.A.P. 1925(a)
Ebert, J., April 23, 2013 –
FACTS
The Defendant was originally charged by Criminal Information filed on March 8,
2011, with 11 individual counts which ranged from Aggravated Assault, (F1), Involuntary
Deviate Sexual Intercourse (F1) to Indecent Assault (M2) and Simple Assault (M2). On
August 19, 2011, the Defendant appeared in open court with very experienced private
counsel and tendered a plea of guilty to 2 counts: Count 3, Aggravated Assault, graded
nd
a Felony of the 2 Degree and Count 7, Indecent Assault, graded a Misdemeanor of
st
the 1 Degree. The Defendant waived presentence investigation and was immediately
sentenced.
The sentence of the Court was imposed upon the Defendant pursuant to a plea
agreement he had with the Commonwealth. On Count 3, Aggravated Assault, the
Defendant was ordered to pay the costs of prosecution and undergo imprisonment in a
State Correctional Institute for a period of not less than 1 nor more than 2 years. This
was a standard range sentence. On Count 7, Indecent Assault, the Defendant was
sentenced pay the costs of prosecution and to undergo a period of 5 years supervised
state probation to run consecutive to the sentence at Count 3. Accordingly, the
aggregate sentence was 1 year to 7 years. No direct appeal was taken from this
sentence.
On July 23, 2012, Defendant filed a pro se Motion for Post Conviction Collateral
Relief. By Order dated July 25, 2012, the Court appointed the Cumberland County
Public Defender’s Office to represent the Defendant and granted them 30 days in which
to file an amended petition. On December 20, 2012, a hearing was held on the
Defendant’s Motion for Post Collateral Relief. Basically, at the hearing the Defendant
argued that his previous private counsel was ineffective and that he did not understand
his plea agreement with the Commonwealth. After the hearing and oral argument, this
Court denied the Defendant’s Motion for Post Collateral Relief.
Defendant filed a Notice of Appeal on January 16, 2013. This Court ordered him
to file a Concise Statement of Errors Complained of on Appeal on or before February 6,
2013. On February 6, 2013, the Defendant’s Public Defender filed the attached
“Concise Statement of the Errors Complained of on Appeal.” In essence, Defense
Counsel states that he is unaware of any basis to pursue the Defendant’s appeal and
that it was his intention to file a no-merit letter pursuant to Commonwealth v. Turner,
544 A.2d 927 (Pa. 1988) and Commonwealth v. Finley, 550 A.2d 213 (Pa.Super. 1988).
To date, a no-merit letter has not been filed and no additional Statement of Errors
Complained of on Appeal has been filed with the Court.
DISCUSSION
This Court’s Order of January 16, 2013, requesting that the Defendant file a
Concise Statement of Errors Complained of on Appeal did comply with the provisions of
Pa.R.A.P., Rule 1925 (b)(3). The Defendant’s Concise Statement of Error Complained
of on Appeal states that it is Defense Counsel’s “intention to file a no-merit letter and
that defense counsel is unaware of any basis for pursuit of this appeal.”
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Since no issues have been raised in the Statement of Errors Complained of on
Appeal, all issues are waived. Accordingly, at the present time, there are no issues to
address in this Pa.R.A.P. 1925 (a) opinion.
By the Court,
M. L. Ebert, Jr., J.
District Attorney’s Office
F. Clay Merris, IV, Esquire
Assistant Public Defender
bas
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