Opinion
September 14, 1961.
December 14, 1961.
Criminal Law — Practice — Habeas corpus — Plea of guilty — Non-representation by counsel — Absence of prejudice — Allegations of coercion and lack of specific intent — Moot questions — Sentence and parole already served — Dismissal of petition without hearing.
In a proceeding upon a petition to vacate judgment of sentence, in which it appeared that petitioner, who was not represented by counsel, had pleaded guilty to charges of assault and attempted armed robbery, had served his sentence and parole and was discharged more than eleven years ago; that petitioner alleged that his conviction had been obtained by coercion, that he had been held incommunicado, that he had been under the influence of drugs and alcohol at the time the crime was committed, and that he had been prejudiced by failure to have counsel; and that the court below, holding that the questions raised by the petition were moot, since petitioner had served his sentence and parole, that there was no indication that he had been prejudiced by lack of counsel, that a collateral attack on the judgment on the grounds of coercion and lack of specific intent could not be permitted after the passage of time involved, and that the petition raised no material question of fact, dismissed the petition without a hearing; it was Held that the order of the court below should be affirmed.
Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).
Appeal, No. 272, Oct. T., 1961, from order of Court of Quarter Sessions of the Peace of Philadelphia County, May T., 1944, Nos. 887 and 888, in case of Commonwealth of Pennsylvania v. Eugene Garner, Jr. Order affirmed.
Same case in court below: 26 Pa. D. C. 2d 289.
Proceeding upon petition of defendant and rule to show cause why judgment of sentence entered on plea of guilty to charges of assault and attempted armed robbery should not be vacated.
Order entered dismissing petition, opinion by ALESSANDRONI, P.J. Petitioner appealed.
Malcolm H. Bell, of the New York Bar, and Edwin K. Daly, Jr., for appellant.
Arlen Specter, Assistant District Attorney, with him Louis F. McCabe, Assistant District Attorney, Paul M. Chalfin, First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for Commonwealth, appellee.
Argued September 14, 1961.
The order of the Court of Quarter Sessions of Philadelphia County dismissing a petition to show cause why the judgment of sentence should not be vacated is affirmed on the opinion of President Judge ALESSANDRONI for the court below, reported at 26 Pa. D. C. 2d 289.