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Commonwealth v. Jenkins

SUPERIOR COURT OF PENNSYLVANIA
Apr 12, 2018
No. J-S11010-18 (Pa. Super. Ct. Apr. 12, 2018)

Opinion

J-S11010-18 No. 2208 EDA 2016

04-12-2018

COMMONWEALTH OF PENNSYLVANIA v. MARK JENKINS Appellant


NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

Appeal from the Judgment of Sentence April 1, 2016
In the Court of Common Pleas of Philadelphia County
Criminal Division at No(s): CP-15-CR-0011317-2014 BEFORE: OTT, J., STABILE, J., and MUSMANNO, J. MEMORANDUM BY OTT, J.:

Mark Jenkins appeals from the judgment of sentence imposed on April 1, 2016, in the Court of Common Pleas of Philadelphia County. Jenkins entered an open guilty plea to charges of aggravated assault, possessing a firearm as a prohibited person, carrying an unlicensed firearm, and possession of an instrument of crime. The trial court sentenced Jenkins to an aggregate sentence of ten to 20 years' imprisonment. Jenkins contends his plea was involuntary "as the trial court was coercive where [Jenkins] rejected the Commonwealth's offer of 10 to 20 years['] confinement, yet the trial court none-the-less [sic] made [Jenkins] a new offer to enter an open guilty plea with the inducement that [Jenkins] would likely be given a better sentence than the Commonwealth offered if he pled guilty than if he went to trial and was convicted." Jenkins' Brief at 3. Based upon the following, we affirm.

18 Pa.C.S. §§ 2702, 6105, 6106, and 907(b), respectively.

The trial court has fully summarized the factual background relevant to this appeal. See Trial Court Opinion, 11/15/2015, at 1-5. Therefore, we do not restate it here. We simply note that, following the April 1, 2016, sentencing hearing, Jenkins filed a motion for reconsideration of sentence on April 6, 2016, and a separate motion to withdraw his guilty plea on April 11, 2016. On July 7, 2016, the trial court denied Jenkins' motion for reconsideration, and on July 12, 2016, Jenkins filed a notice of appeal. By order entered September 20, 2016, Jenkins' motion to withdraw his guilty plea was denied by operation of law. Jenkins filed a timely Pa.R.A.P. 1925(b) statement on October 12, 2016, after the notes of testimony became available.

The trial court, in its Pa.R.A.P. 1925(b) statement, has fully addressed Jenkins' claim that his plea was involuntary because the trial court induced him to plead guilty. See Trial Court Opinion, 11/14/2016, at 5-8 (finding Jenkins' plea was knowing and voluntary because (1) the trial court and Jenkins engaged in extensive discussion regarding the potential minimum sentences that Jenkins could receive, (2) the trial court specifically told Jenkins that "I can't tell you what the sentence would be, whether it be the 8½ to 17 or 10 to 20, because I don't know enough about you. A presentence, which will fill me in on all the other details, on the things I have to consider. That is just the starting point." [N.T., 10/21/2015, at 7], (3) the trial court confirmed with Jenkins that he understood the range of sentences, (4) during the sentencing hearing, the trial court allowed Jenkins to consult with his attorney twice, and after Jenkins' second consultation with his attorney, the trial court confirmed that there were no promises or threats for Jenkins to enter into a guilty plea, and (5) given the extensive colloquy, Jenkins' responses, and the trial court's observations of Jenkins' demeanor as he was giving those responses, the trial court was satisfied that Jenkins understood the potential range of sentences he could receive and that he was not induced, promised, coerced or threated to plead guilty).

Our review confirms the trial court's analysis and its conclusion that Jenkins' claim that his plea was involuntary warrants no relief. Accordingly, we affirm on the basis of the trial court's November 14, 2016 opinion, at pages 1-8. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary Date: 4/12/18

In the event of further proceedings, the parties are directed to attach a copy of the trial court's November 14, 2016, opinion to this memorandum.

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Summaries of

Commonwealth v. Jenkins

SUPERIOR COURT OF PENNSYLVANIA
Apr 12, 2018
No. J-S11010-18 (Pa. Super. Ct. Apr. 12, 2018)
Case details for

Commonwealth v. Jenkins

Case Details

Full title:COMMONWEALTH OF PENNSYLVANIA v. MARK JENKINS Appellant

Court:SUPERIOR COURT OF PENNSYLVANIA

Date published: Apr 12, 2018

Citations

No. J-S11010-18 (Pa. Super. Ct. Apr. 12, 2018)