Commonwealth v. Barnett
Decision Date | 29 July 2015 |
Docket Number | No. 1209 EDA 2009,1209 EDA 2009 |
Citation | 121 A.3d 534,2015 PA Super 162 |
Parties | COMMONWEALTH of Pennsylvania, Appellee, v. Robert BARNETT, Appellant. |
Court | Pennsylvania Superior Court |
Michael J. Malloy, Media, for appellant.
Anne F. Palmer, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.
BEFORE: BOWES, DONOHUE, and STABILE, JJ.
Robert Barnett appeals nunc pro tunc from the judgment of sentence of life imprisonment after a jury found him guilty of first-degree murder, robbery, burglary, conspiracy, and carrying a firearm without a license. In addition to being sentenced to life imprisonment, the Court sentenced Appellant to five to ten years for criminal conspiracy and three and one-half to seven years on the firearms count. This case returns to this Court after our Supreme Court remanded the matter to the trial court following its decision in Commonwealth v. Holmes, 621 Pa. 595, 79 A.3d 562 (2013). Upon review, we affirm.
The trial court delineated the following relevant facts.
Trial Court Opinion, 6/22/09, at 2–3.
Following the imposition of his sentence, Appellant, represented by trial counsel, filed a timely direct appeal. However, due to an insufficient brief, this Court determined that all of Appellant's issues were waived. Accordingly, Appellant sought post-conviction relief via the Post–Conviction Relief Act (“PCRA”). In his PCRA petition, Appellant raised various claims of ineffective assistance of counsel and also sought the reinstatement of his direct appeal rights nunc pro tunc. The PCRA court conducted an evidentiary hearing where both Appellant and his trial attorney testified. The court denied Appellant's petition on the merits.
Appellant appealed, and this Court reversed solely as to the denial of Appellant's direct appeal rights. Thus, Appellant's direct appeal rights were reinstated. This Court did not address Appellant's remaining ineffective assistance of counsel claims. In Appellant's reinstated direct appeal, he raised only ineffective assistance of counsel issues. This Court, in a published en banc decision, determined that Appellant's ineffectiveness claims could not be addressed during his reinstated direct appeal. Commonwealth v. Barnett, 25 A.3d 371 (Pa.Super.2011) (en banc ), vacated by 624 Pa. 230, 84 A.3d 1060 (2014). The Pennsylvania Supreme Court vacated that order and remanded the case to the PCRA court after its decision in Holmes, supra.
The Holmes Court held, in pertinent part, that ineffectiveness claims cannot be addressed on direct appeal absent a waiver of PCRA rights. It determined that where good cause is shown, and a defendant waives PCRA review, ineffectiveness claims may be addressed on direct appeal. Thereafter, the PCRA court conducted a waiver colloquy and Appellant, with the agreement of the Commonwealth, waived his right to PCRA review. The matter is now ready for this Court's review. Appellant raises the following issues on appeal.1
Appellant's brief at 4 ( ).
Appellant's issues are premised on ineffective assistance of counsel. “To plead and prove ineffective assistance of counsel a petitioner must establish: (1) that the underlying issue has arguable merit; (2) counsel's actions lacked an objective reasonable basis; and (3) actual prejudice resulted from counsel's act or failure to act.” Commonwealth v. Stewart, 84 A.3d 701, 706 (Pa.Super.2013) (en banc ). The failure to meet any of these aspects of the ineffectiveness test results in the claim failing. Id.
Arguable merit exists when the factual statements are accurate and “could establish cause for relief.” Id. at 707. Whether the “facts rise to the level of arguable merit is a legal determination.” Id. In considering whether counsel acted reasonably, we look to “whether no competent counsel would have chosen that action or inaction, or, the alternative, not chosen, offered a significantly greater potential chance of success.” Id. Id. (citations omitted). Lastly, prejudice exists where “there is a reasonable probability that, but for counsel's errors, the result of the proceeding would have been different.” Id. This probability is sufficient when it “undermines confidence in the outcome of the proceeding.” Id. Counsel is presumed to have rendered constitutionally effective representation. See Strickland v. Washington, 466 U.S. 668, 689, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984)
Appellant's initial claim is actually three separate issues. First, Appellant asserts that counsel erred in failing to object to the admission of evidence of Appellant's flight from an unrelated incident, i.e., his arrest for possession of cocaine. Next, he avers that trial counsel rendered ineffective assistance in allowing into evidence money that was seized from that arrest. Lastly, Appellant posits that trial counsel was ineffective because he did not object to the introduction of Appellant's arrest for another criminal charge.
With...
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