COMMONWEALTH OF PENNSYLVANIA v. ALLEN NMN KELLY

COMMONWEALTH OF PENNSYLVANIA v. ALLEN NMN KELLY No. 112 MDA 2009 2010 PA Super 165 Atlantic: n/a Filed: 9/9/2010
	Appeal from the Judgment of Sentence December 11, 2008 In the Court of Common Pleas of York County Criminal Division at No. CP-67-CR-0001708-2008
Before: BOWES, J., McEWEN, P.J.E., AND CLELAND, J.
Opinion by: CLELAND, J.
Appellant, Allen Kelly (Kelly), appeals the judgment of sentence of the Court of Common Pleas of York County entered on December 11, 2008 after Kelly pleaded guilty to driving under the influence – highest rate of alcohol, 75 Pa.C.S.A. § 3802(c). Kelly argues the guilty plea was not knowingly, voluntarily, and intentionally tendered. Specifically,http://www.blogger.com/post-create.g?blogID=725292761438552781 Kelly argues he was forced into accepting a guilty plea because the trial court erred in granting counsel’s motion to withdraw on the eve of his trial. Because Kelly intentionally forfeited his right to counsel, we conclude his guilty plea was knowingly, voluntarily, and intentionally tendered. Accordingly, we affirm the judgment of sentence.

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