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Commonwealth v. Forbes

Supreme Court of Pennsylvania
Jan 19, 1973
450 Pa. 185 (Pa. 1973)

Summary

holding that assertion of innocence by defendant who pleaded guilty was "fair and just" reason for plea withdrawal before sentencing

Summary of this case from State v. Pedro

Opinion

November 28, 1972.

January 19, 1973.

Criminal Law — Practice — Plea of guilty — Voluntariness and intelligence — Withdrawal of plea — Request made before sentencing — Fairness and justice as test to be applied — Request for withdrawal of plea abandoned by defendant because of coercion of his counsel.

1. What plea to enter is a decision which must be made voluntarily and intelligently by the accused.

2. A guilty plea which is not the personal and voluntary decision of the accused, but rather is induced by promises or threats which deprive it of the character of a voluntary act, is void. [189-90]

3. Although there is no absolute right to withdraw a guilty plea, properly received by the trial court, a request made before sentencing — here, that request was made at even an earlier stage — should be liberally allowed. [190]

4. In determining whether to grant a pre-sentence motion for withdrawal of a guilty plea, the test to be applied by the trial courts is fairness and justice; if the trial court finds any fair and just reason, withdrawal of the plea before sentence should be freely permitted, unless the prosecution has been substantially prejudiced. [191]

Mr. Chief Justice JONES concurred in the result.

Argued November 28, 1972. Before JONES, C. J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

Appeal, No. 341, Jan. T., 1971, from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, Jan. T., 1970, No. 336, in case of Commonwealth of Pennsylvania v. Robert Forbes. Judgment of sentence reversed and new trial granted.

Indictments charging defendant with murder, burglary, aggravated robbery, larceny and conspiracy. Before BRUNO, J., without a jury.

Defendant found guilty of murder in first degree after plea of guilty to murder generally and guilty on all other indictments and judgment of sentence entered. Defendant appealed.

Jonathan Miller, Assistant Defender, with him Francis S. Wright, Jr. and John W. Packel, Assistant Defenders, and Vincent J. Ziccardi, Defender, for appellant.

Linda Conley, Assistant District Attorney, with her James T. Ranney and Milton M. Stein, Assistant District Attorneys, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.


On December 5, 1969, Sonia Rosenbaum was robbed and assaulted while in her home in Philadelphia. The victim, who was bound and gagged by the intruders, died as a result of the assault.

Subsequently, appellant, sixteen year old Robert Forbes, was indicted for various crimes stemming from this incident. On November 4, 1970, appellant entered pleas of guilty to murder, burglary, aggravated robbery, larceny, receiving stolen goods, and conspiracy. Prior to receiving these pleas, the trial court conducted an on-the-record colloquy, as required by Pa. R. Crim. P. 319 (a). Having concluded that the pleas were "voluntarily and understandingly made", the court then held a hearing, pursuant to Pa. R. Crim. P. 319A, to determine whether "the case may constitute murder in the first degree." Based on the evidence presented by stipulation, the trial judge determined that such a case had been made out and deferred any further action until a three judge panel was convened.

On December 8, 1970, a three judge court was impaneled. At that time, however, appellant expressed a desire to withdraw his guilty plea because, as he stated, "I don't want to plead guilty to nothing I didn't do." The court continued the matter until a hearing could be held on appellant's request to withdraw his guilty plea.

At that hearing, on February 18, 1971, appellant said he no longer desired to pursue his withdrawal request; therefore, on February 25, 1971, the three judge panel reconvened to determine the degree of guilt. At that hearing, it became apparent that appellant's decision to abandon his withdrawal request was the result of defense counsel's threat to withdraw from the case. The court, nevertheless, proceeded on appellant's initial entry of the guilty plea. Appellant was found guilty of first degree murder and sentenced to life imprisonment. Sentence was suspended on the other charges.

On this direct appeal, appellant contends that the withdrawal of his guilty plea was obstructed by defense counsel's decision to withdraw from the case if appellant pursued his retraction of the original guilty plea. He urges that the trial court erred in failing to grant his withdrawal request — made prior to any evidence being offered at the degree of guilt hearing and, thus, prior to adjudication and imposition of sentence. We agree and must reverse.

Appellant also contends that (1) the guilty plea was not intelligently entered because appellant was not made aware of the nature and elements of felony murder and (2) the trial court violated due process when it refused to continue the final hearing in order to secure the presence of appellant's mother who was appellant's actual counselor. In view of our disposition, we need not decide these issues.

The record supports appellant's contention that he abandoned the withdrawal of his guilty plea because of defense counsel's intention to withdraw from the case. Counsel specifically stated, on the record, at the final hearing: "I have indicated to him before that if he felt, that if he insisted upon withdrawing his plea and Judge Bruno thought there were circumstances under which he should be able to withdraw that, I would ask to withdraw from the case. The relationship that we have had has been hanging in the balance and I think his mother has been the one most responsible for keeping that relationship."

The coercive impact of this threat, coming long after counsel first entered the case, was not lessened by the court's perfunctory inquiry of appellant concerning his newly expressed desire to abandon his earlier request to withdraw his original plea of guilty. There is no indication that appellant was informed of his right to persist in his request for withdrawal of the plea — in the face of counsel's comment — and have new counsel appointed. Additionally, the court, itself, may have inadvertently intensified the coercion by denying appellant's motion to continue the final hearing for two days in order to permit the presence of appellant's mother who had been present at each of the prior hearings and who had been appellant's actual counselor throughout the proceedings. The importance of her presence was even noted as above indicated by defense counsel.

These circumstances rendered involuntary appellant's decision to abandon his withdrawal request and continue with his original guilty plea. What plea to enter is a decision which must be made voluntarily and intelligently, by the accused. See Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709 (1969); McCarthy v. United States, 394 U.S. 459, 89 S.Ct. 1166 (1969); ABA Project on Standards for Criminal Justice, Standards Relating to the Defense Function § 5.2(a) (Approved Draft, 1971). Comment, Criminal Waiver: The Requirements of Personal Participation, Competence and Legitimate State Interest, 54 Cal. L. Rev. 1262, 126768 (1966). A guilty plea which is not the personal and voluntary decision of the accused, but rather is "induced by promises or threats which deprive it of the character of a voluntary act, is void." Machibroda v. United States, 368 U.S. 487, 493, 82 S.Ct. 510, 513 (1962).

The commentary to the ABA Standards state: "The history of the criminal process in our system and the rights vested in an accused under the Constitution mark out certain basic decisions as belonging to the client; other decisions fall within the province of the lawyer. The requirement that the defendant personally enter a guilty plea and that it be voluntary and informed carries the implication that it is the defendant who must make the choice. See Machibroda v. United States, 368 U.S. 487, 493 (1962); Kercheval v. United States, 274 U.S. 220 (1926); ORFIELD, CRIMINAL PROCEDURE FROM ARREST TO APPEAL 294 (1947)." ABA Project on Standards for Criminal Justice, Standards Relating to the Defense Function § 5.2 at 238 (Approved Draft, 1971).

Here, defense counsel's statement — made to a sixteen year old youth who, as the record reveals, was visibly upset and confused by the entire proceedings — deprived appellant's decision to abandon his request for withdrawal of his earlier plea and continue with that plea "of the character of a voluntary act." Had it not been for counsel's coercive statement, appellant would have pursued his request to withdraw his plea. On this record, it was an abuse of discretion for the trial court to deny appellant's withdrawal request.

Although there is no absolute right to withdraw a guilty plea, properly received by the trial court, it is clear that a request made before sentencing — here, that request was made at even an earlier stage — should be liberally allowed. See United States ex rel. Culbreath v. Rundle, 466 F.2d 730 (3d Cir. 1972); United States v. Young, 424 F.2d 1276 (3d Cir. 1970); United States v. Stayton, 408 F.2d 559 (3d Cir. 1969); Pa. R. Crim. P. 320; ABA Project on Minimum Standards for Criminal Justice, Standards Relating to Pleas of Guilty § 2.1 (Approved Draft, 1968); Note, Pre-Sentence Withdrawal of Guilty Pleas in Federal Courts, 40 N.Y.U. L. Rev. 759 (1965). In United States ex rel. Culbreath v. Rundle, supra, the Third Circuit stated: "It has been recognized under Pennsylvania and Federal law that a trial judge has discretion to refuse a request to retract a plea of guilty since there is no absolute right to withdraw such a plea. However, a request made before sentencing has been generally construed liberally in favor of the accused." Id. at 732 (emphasis added) (footnotes omitted).

The ABA Standards are in complete harmony with this view. The standards state: "(b) In the absence of a showing that withdrawal is necessary to correct a manifest injustice, a defendant may not withdraw his plea of guilty or nolo contendere as a matter of right once the plea has been accepted by the court. Before sentence, the court in its discretion may allow the defendant to withdraw his plea for any fair and just reason unless the prosecution has been substantially prejudiced by reliance upon the defendant's plea." ABA Project on Minimum Standards for Criminal Justice, Standards Relating to Pleas of Guilty § 2.1(b) (Approved Draft, 1968). See also Commonwealth v. Neely, 449 Pa. 3, 4, 295 A.2d 75, 76 (1972) (ROBERTS, J., concurring opinion).

Thus, in determining whether to grant a pre-sentence motion for withdrawal of a guilty plea, "the test to be applied by the trial courts is fairness and justice." United States v. Stayton, supra at 561. If the trial court finds "any fair and just reason", withdrawal of the plea before sentence should be freely permitted, unless the prosecution has been "substantially prejudiced." ABA Standards Relating to Pleas of Guilty, supra. As the Third Circuit noted: "The liberal rule for withdrawal of a guilty plea before sentence is consistent with the efficient administration of criminal justice. It reduces the number of appeals contesting the 'knowing and voluntariness' of a guilty plea, and avoids the difficulties of disentangling such claims. It also ensures that a defendant is not denied a right by trial by jury unless he clearly waives it." United States v. Young, 424 F.2d 1276, 1279 (3d Cir. 1970).

Applying these standards to the facts presented, it must be concluded that the trial court should have allowed withdrawal of appellant's guilty plea. Appellant stated, as his reason for the request, made before the degree of guilt hearing and prior to adjudication and sentence, "I don't want to plead guilty to nothing I didn't do." Obviously, appellant, by this assertion of innocence — so early in the proceedings — offered a "fair and just" reason for withdrawal of his plea. Moreover, on this record there is not even the slightest suggestion that the prosecution was in any sense "substantially prejudiced by reliance upon the defendant's plea." ABA Standards Relating to Pleas of Guilty, supra.

Judgment of sentence reversed and a new trial granted.

Mr. Chief Justice JONES concurs in the result.


Summaries of

Commonwealth v. Forbes

Supreme Court of Pennsylvania
Jan 19, 1973
450 Pa. 185 (Pa. 1973)

holding that assertion of innocence by defendant who pleaded guilty was "fair and just" reason for plea withdrawal before sentencing

Summary of this case from State v. Pedro

In Forbes, we explained that "although there is no absolute right to withdraw a guilty plea, properly received by the trial court, it is clear that a request made before sentencing... should be liberally allowed."

Summary of this case from Commonwealth v. Norton

In Forbes, we explained that "although there is no absolute right to withdraw a guilty plea, properly received by the trial court, it is clear that a request made before sentencing... should be liberally allowed."

Summary of this case from Commonwealth v. Norton

referencing various federal authorities and secondary materials

Summary of this case from Commonwealth v. Carrasquillo

In Forbes, the appellant pled guilty to various crimes stemming from an assault and robbery of the victim in her home, which resulted in her death. An on-the-record colloquy was conducted prior to the court's entrance of appellant's pleas.

Summary of this case from Com. v. Randolph

In Commonwealth v. Forbes, 450 Pa. 185, 299 A.2d 268 (1973), we held that the proper standard to be used for permitting a defendant to withdraw his guilty plea prior to sentencing is whether a fair and just reason exists.

Summary of this case from Com. v. Lesko

In Commonwealth v. Forbes, 450 Pa. 185, 190-91, 299 A.2d 268, 271 (1973), we said: "Although there is no absolute right to withdraw a guilty plea, properly received by the trial court, it is clear that a request made before sentencing — here, that request was made at even an earlier stage — should be liberally allowed.

Summary of this case from Commonwealth v. Woods

In Commonwealth v. Forbes, 450 Pa. 185, 191, 299 A.2d 268, 271 (1973), we held that "[i]f the trial court finds 'any fair and just reason', withdrawal of the plea before sentence should be freely permitted, unless the prosecution has been 'substantially prejudiced.' "

Summary of this case from Commonwealth v. Morales

In Commonwealth v. Forbes, 450 Pa. 185, 299 A.2d 268 (1973), we adopted the ABA standard ("any fair and just reason") for pre-sentencing plea withdrawal motions.

Summary of this case from Commonwealth v. Starr

In Forbes, our Supreme Court used a two-prong test and allowed a defendant to withdrawal a guilty plea before sentencing so long as there was a fair and just reason and the Commonwealth would not suffer substantial prejudice.

Summary of this case from Commonwealth v. Ellis

In Forbes, our Supreme Court instructed that, in determining whether to grant a pre[-]sentence motion for withdrawal of a guilty plea, the test to be applied by the trial courts is fairness and justice.

Summary of this case from Commonwealth v. Ivey

In Forbes, our Supreme Court instructed that, in determining whether to grant a pre[-]sentence motion for withdrawal of a guilty plea, the test to be applied by the trial courts is fairness and justice.

Summary of this case from Commonwealth v. Davis

In Commonwealth v. Forbes, 299 A.2d 268 (Pa. 1973), and Commonwealth v. Randolph, 718 A.2d 1242 (Pa. 1998), the Court articulated that a defendant's bare assertion of innocence, standing alone, required that a defendant be permitted to withdraw his guilty plea if sentence has not been imposed.

Summary of this case from Commonwealth v. Brickhouse

In Forbes, the appellant pled guilty to various crimes stemming from an assault and robbery of the victim in her home, which resulted in her death.

Summary of this case from Commonwealth v. Ralston

In Forbes, our Supreme Court instructed that, "in determining whether to grant a presentence motion for withdrawal of a guilty plea, 'the test to be applied by the trial courts is fairness and justice.' "

Summary of this case from Commonwealth v. Clevenger

In Forbes, the appellant pled guilty to various crimes stemming from an assault and robbery of the victim in her home, which resulted in her death. An on-the-record colloquy was conducted prior to the court's entrance of appellant's pleas.

Summary of this case from Commonwealth v. Bogdan

In Commonwealth v. Forbes, 450 Pa. 185, 299 A.2d 268 (1973), the defendant pled guilty to murder, burglary, aggravated robbery, and other offenses based on his participation in a robbery, assault, and death of a woman in her home.

Summary of this case from Commonwealth v. Unangst

In Forbes, the appellant pled guilty to various crimes stemming from an assault and robbery of the victim in her home, which resulted in her death.

Summary of this case from Com. v. Tennison

In Commonwealth v. Forbes, 450 Pa. 185, 299 A.2d 268 (1973), our Supreme Court set forth the standards for determining when, as here, a request to withdraw a guilty plea made prior to sentencing should be granted.

Summary of this case from Commonwealth v. Flick

In Forbes, our supreme court held that an assertion of innocence, in the absence of substantial prejudice to the Commonwealth, constituted a fair and just reason for withdrawal of a guilty plea prior to sentencing.

Summary of this case from Com. v. Hutchins

In Commonwealth v. Forbes, 450 Pa. 185, 299 A.2d 268 (1973), the Supreme Court determined that a defendant's assertion of innocence constituted a fair and just reason upon which to permit the pre-sentence withdrawal of a plea of guilty.

Summary of this case from Com v. Miller

In Commonwealth v. Forbes, 450 Pa. 185, 299 A.2d 268 (1973), the Supreme Court of Pennsylvania held that a mere claim of innocence constitutes a "fair and just reason" for the pre-sentence withdrawal of a guilty plea unless there is substantial prejudice to the Commonwealth.

Summary of this case from Com. v. Muntz

In Com. v. Forbes, 450 Pa. 185, 299 A.2d 268 (1973), our Supreme Court stated that "although there is no absolute right to withdraw a guilty plea, properly received by a trial court, it is clear that a request made BEFORE sentencing... should be liberally allowed" 450 Pa. at 190, 299 A.2d at 271 (emphasis in original).

Summary of this case from Com. v. Ammon

In Forbes, our Supreme Court recognized that withdrawal of a guilty plea is within the sound discretion of the trial court, but stated that "a request made before sentencing... should be liberally allowed....", and, that such a request when supported by "any fair and just reason" should not be denied "unless the prosecution has been substantially prejudiced by reliance upon the defendant's plea."

Summary of this case from Commonwealth v. Holcomb
Case details for

Commonwealth v. Forbes

Case Details

Full title:Commonwealth v. Forbes, Appellant

Court:Supreme Court of Pennsylvania

Date published: Jan 19, 1973

Citations

450 Pa. 185 (Pa. 1973)
299 A.2d 268

Citing Cases

Commonwealth v. Carrasquillo

“Although there is no absolute right to withdraw a guilty plea, properly received by the trial court, it is…

Commonwealth v. Carrasquillo

Id. at 63. See generally Commonwealth v. Forbes, 450 Pa. 185, 190, 299 A.2d 268, 271 (1973). Three and…