Showing posts with label involuntary plea. Show all posts
Showing posts with label involuntary plea. Show all posts

Tuesday, June 8, 2010

COMMONWEALTH OF PENNSYLVANIA v. JOSEPH ABRAHAM

COMMONWEALTH OF PENNSYLVANIA v. JOSEPH ABRAHAM
No. 1158 WDA 2009 2010 PA Super 104 Atlantic: n/a Filed: 6/8/2010

Appeal from the PCRA Order June 22, 2009,
In the Court of Common Pleas of Allegheny County,
Criminal Division at No(s): CR-0002990-08 CP-02-CR-0005423-2008
Before: BOWES, J., OTT, J. and McEWEN, P.J.E.
Opinion by: OTT, J.
Joseph Abraham appeals from the order denying his petition for relief filed pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S. § 9541 et seq. In his petition, Abraham claimed his trial counsel was ineffective for failing to inform him a guilty plea to indecent assault would result in the loss of his vested pension rights, see 43 P.S. § 1311 et seq, thereby rendering his guilty plea unknowing and involuntary. The PCRA Court dismissed his petition without a hearing pursuant to Pa.R.Crim.P. 907. After a thorough review of the official record, submissions by the parties, and relevant law, we reverse and remand for a hearing.
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