Commonwealth v. Russell, 2079 EDA 2021

CourtSuperior Court of Pennsylvania
Writing for the CourtSTABILE, J.
PartiesCOMMONWEALTH OF PENNSYLVANIA Appellee v. MICHAEL E. RUSSELL Appellant
Docket Number2079 EDA 2021,J-S27015-22
Decision Date22 November 2022

COMMONWEALTH OF PENNSYLVANIA Appellee
v.

MICHAEL E. RUSSELL Appellant

No. 2079 EDA 2021

No. J-S27015-22

Superior Court of Pennsylvania

November 22, 2022


NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

Appeal from the Judgment of Sentence Entered June 28, 2021 In the Court of Common Pleas of Northampton County Criminal Division at No: CP-48-CR-0002841-2020

BEFORE: STABILE, J., NICHOLS, J., and SULLIVAN, J.

JUDGMENT ORDER

STABILE, J.

Appellant, Michael E. Russell, appeals from the June 28, 2021 sentence imposing an aggregate five to ten years of incarceration after he pled guilty to 20 counts of violating a protective order (18 Pa.C.S.A. § 4955). We affirm.

The instant matter and its companion at Nos. 1839 EDA 2021 and 1862 EDA 2021 arise of Appellant's domestic abuse of the victim, Traci White. In this case, Appellant was charged with 54 counts of violations of the trial court's order that he not contact the victim. Appellant pled guilty to 20 counts in exchange for the Commonwealth's agreement to dismiss the remaining 34. As per the parties' negotiated sentence, Appellant received a consecutive three to six months of incarceration for each of the 20 offenses.

Appellant did not challenge the validity of his plea during the sentencing hearing or in a post-sentence motion. After the appeal period expired,

1

Appellant sought nunc pro tunc reinstatement of his direct appeal rights, and the trial court granted relief with the Commonwealth's consent. He filed this nunc pro tunc appeal on October 1, 2021. His brief to this Court presents four questions, all of which challenge the validity of his plea. We will not address these questions on the merits, as Appellant has failed to preserve them for Appellate review.

"In order to preserve an issue related to a guilty plea, an appellant must either "object[ ] at the sentence colloquy or otherwise raise[ ] the issue at the sentencing hearing or through a post-sentence motion." Commonwealth v. Monjaras-Amaya, 163 A.3d 466, 468-69 (Pa. Super. 2017) (quoting Commonwealth v. D'Collanfield, 805 A.2d 1244, 1246 (Pa. Super. 2002)); See also Pa.R.Crim.P. 720(A)(1), (B)(1)(a)(i); Pa.R.A.P. 302(a). Otherwise, this issue is waived. "The purpose of this waiver rule is to allow the trial court to correct its error at the first opportunity, and, in so doing, further judicial efficiency." Id.

In the absence of a timely post-sentence motion, the defendant may seek leave to file...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT