Opinion
J-S25012-17 No. 1523 EDA 2016
06-06-2017
COMMONWEALTH OF PENNSYLVANIA, Appellee v. LABRENTE ROBINSON, Appellant
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the PCRA Order April 25, 2016
In the Court of Common Pleas of Philadelphia County
Criminal Division at No(s): CP-51-CR-1301194-2006 CP-51-CR-1301196-2006 CP-51-CR-1301199-2006 BEFORE: BENDER, P.J.E., RANSOM, J., and FORD ELLIOTT, P.J.E. MEMORANDUM BY BENDER, P.J.E.:
Appellant, Labrente Robinson, appeals from the post-conviction court's April 25, 2016 order denying his petition filed pursuant to the Post Conviction Relief Act ("PCRA"), 42 Pa.C.S. §§ 9541-9546. We affirm.
The PCRA court summarized the factual and procedural history underlying this appeal as follows:
[Appellant] came before the court on seventeen (17) felony and four (4) misdemeanor charges related to a particularly violent home invasion and burglary resulting in the aggravated assault of one victim and the brutal rape of two additional victims. On June 11, 2007, [Appellant] entered an open guilty plea before this court. Following an assessment pursuant to 42 [Pa.C.S.] § 9799.24 (also referred to as a "Megan's Law Assessment"), [Appellant] was found to be a sexually violent predator. On January 14, 2008, this court sentenced [Appellant] to an aggregate of ninety to one-hundred and eighty (90 to 180) years. On May 7, 2008, the court held a hearing on
[Appellant's] Motion for Reconsideration and imposed a new sentence of three and one-half to seven (3½ to 7) years on the robbery charge resulting in an aggregated sentence of eighty-eight [and one-half] to one-hundred and seventy-seven years (88½ to 177) years. [Appellant] then appealed to the Superior Court raising a claim of an illegal sentence. On March 25, 2010, the Superior Court affirmed [Appellant's] judgment of sentence. Commonwealth v. Robinson , No. 1675 EDA 2008 (Pa. Super. Mar. 25, 2010). [Appellant] then filed a petition for allowance of appeal to the Supreme Court of Pennsylvania, which was denied on August 26, 2010. Commonwealth v. Robinson , No. 195 EAL 2010 (Pa. Aug. 26, 2010).PCRA Court Opinion (PCO), 8/2/2016, at 1-3 (footnotes omitted).
[Appellant] timely filed the instant PCRA petition on July 18, 2011. This court appointed counsel on three separate occasions as the first two attorneys were removed for failure to communicate and a conflict of interest respectively. Ultimately, present counsel was appointed as PCRA counsel. An amended PCRA petition was filed on October 27, 2015, raising claims of an unlawfully induced guilty plea and ineffective assistance of trial counsel. In response, the Commonwealth filed a Motion to Dismiss on February 2, 2016. Following an independent review, this court issued a Notice of Intent to Dismiss pursuant to Pa.R.Crim.P. 907 on March 31, 2016. The PCRA petition was formally dismissed on April 25, 2016[,] as [Appellant's] claims were without merit and [Appellant] was not entitled to relief.
[Appellant] filed the instant appeal on May 19, 2016. This court issued an order directing [Appellant] to file a concise statement of matters complained of on appeal, pursuant to Pa.R.A.P. 1925(b) on May 25, 2016. On June 15, 2016, PCRA counsel timely filed a statement of matters complained of on appeal on behalf of [Appellant]....
On appeal, Appellant raises two issues for our review:
I. Whether the court erred in denying ... Appellant's PCRA petition without an evidentiary hearing on the issues raised in the amended PCRA petition regarding trial counsel's ineffectiveness.Appellant's Brief at 9.
II. Whether the court erred in not granting relief on the PCRA petition alleging counsel was ineffective.
We have examined the detailed and well-reasoned opinion written by the Honorable Leon W. Tucker of the Court of Common Pleas of Philadelphia County. We conclude that Judge Tucker's opinion properly disposes of the issues posed by Appellant. Therefore, we adopt Judge Tucker's opinion as our own and affirm the April 25, 2016 order denying Appellant's petition.
Order affirmed. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary Date: 6/6/2017
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