Opinion
J-S22008-18 No. 3458 EDA 2016
06-25-2018
COMMONWEALTH OF PENNSYLVANIA, Appellee v. KHALIL WALKER, Appellant
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the Judgment of Sentence Entered September 30, 2016
In the Court of Common Pleas of Philadelphia County
Criminal Division at No(s): CP-51-CR-0002774-2015 BEFORE: BENDER, P.J.E., STABILE, J., and PLATT, J. MEMORANDUM BY BENDER, P.J.E.:
Retired Senior Judge assigned to the Superior Court.
Appellant, Khalil Walker, appeals from the judgment of sentence of an aggregate term of 30-60 years' incarceration, following his guilty plea to third-degree murder and related offenses. Appellant's sole claim on appeal is that the trial court abused its discretion when it denied his pre-sentence motion to withdraw his guilty plea. After careful review, we affirm.
The facts underlying Appellant's conviction are not germane to this appeal. The trial court set forth the relevant procedural history of this case as follows:
On April 26, 2016, [Appellant] entered an open guilty plea before this court to charges of third-degree murder, robbery, burglary, arson, possession of an instrument of crime[,] and conspiracy. A pre-sentence report and a mental health evaluation were ordered and sentencing was scheduled for June 27, 2016.
On June 27, 2016, [Appellant] requested a continuance until July 15, 2016. However, on July 14, 2016, [Appellant] filed a motion to withdraw his guilty plea. The motion was heard on July 15, 2016[,] and a bifurcated evidentiary hearing was held on August 1, 2016 and August 25, 2016. [Appellant]'s motion to withdraw his guilty plea was denied on September 26, 2016. On September 30, 2016, [Appellant] was sentenced to an aggregate term of not less than thirty (30) years nor more than sixty (60) years of state incarceration. A notice of appeal was filed on October 20, 2016. On November 1, 2016, this court ordered [Appellant] to file a [Pa.R.A.P. 1925(b)] statement.... [Appellant] filed his statement ... on November 22, 2016.Trial Court Opinion (TCO), 6/30/17, at 1. The trial court subsequently filed its Rule 1925(a) opinion on June 30, 2017.
Appellant now presents the following question for our review: "Whether the denial of [Appellant]'s application of the withdrawal of his presentence guilty plea constitutes an abuse of discre[]tion[?]" Appellant's Brief at 4.
After a thorough review of the record, the briefs of the parties, the applicable law, and the well-reasoned opinion of the Honorable Sandy L.V. Byrd, we conclude that the trial court did not abuse its discretion when it denied Appellant's motion to withdraw his guilty plea. The trial court opinion comprehensively discusses and properly disposes of the question presented. See TCO at 2-6. Accordingly, we affirm based on the reasons set forth in the trial court's opinion.
Judgment of sentence affirmed. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary Date: 6/25/18
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