At page 539 Waiver of evidence sufficiency claim by guilty plea20 citing casesstating that “[i]t is well established that any issue relating to sufficiency of the evidence is waived by entry of a guilty plea
- Com. v. Illiano, A., No. 825 MDA 2025 (Pa. Super. Ct. Dec. 17, 2025).unpublished(It is well established that any issue relating to sufficiency of the evidence is waived by entry of a guilty plea[.])
- Com. v. Kahl, T., No. 976 WDA 2024 (Pa. Super. Ct. Mar. 31, 2025).unpublished(It is well established that any issue relating to sufficiency of the evidence is waived by entry of a guilty plea[.])
- Watson v. State of Pennsylvania, No. 1:24-cv-00775 (M.D. Pa. Sept. 23, 2024). (It is well established that any issue relating to sufficiency of the evidence is waived by entry of a guilty plea . . . .)
- Com. v. Anderson, I., No. 2842 EDA 2022 (Pa. Super. Ct. Nov. 29, 2023).unpublished(It is well established that any issue relating to sufficiency of the evidence is waived by entry of a guilty plea[.])
- Com. v. Coudriet, S., No. 527 WDA 2022 (Pa. Super. Ct. Apr. 12, 2023).unpublished(It is well established that any issue relating to sufficiency of the evidence is waived by entry of a guilty plea[.])
- Com. v. Savage, W., No. 2490 EDA 2018 (Pa. Super. Ct. Sept. 17, 2020).unpublished(It is well established that any issue relating to sufficiency of the evidence is waived by entry of a guilty plea[.])
- Com. v. Julio, F., No. 2036 EDA 2025 (Pa. Super. Ct. Aug. 27, 2026).unpublished“It is well established that any issue relating to sufficiency of the evidence is waived by entry of a guilty plea”
- Com. v. Temple, R., No. 1114 WDA 2025 (Pa. Super. Ct. June 5, 2026).unpublishedIt is well- settled that a defendant waives any issue relating to the sufficiency of the evidence by pleading guilty or nolo contendere.2 See Commonwealth v. Rounsley, 717 A.2d 537, 539 (Pa. Super. 1998); see also Commonwealth v. Alameda,…
- Hough v. Oliver, No. 1:22-cv-00128 (W.D. Pa. Aug. 14, 2023).Rounsley, 717 A.2d 537, 539 (Pa. Super.
- Com. v. Moorer, E., Jr., No. 742 MDA 2015 (Pa. Super. Ct. Feb. 10, 2016).unpublished“[i]t is well established that any issue relating to sufficiency of the evidence is waived by entry of a guilty plea and is not subject to attack in a post conviction proceeding”
Show 10 more citing cases
- Com. v. Pettit, A., No. 468 MDA 2025 (Pa. Super. Ct. July 17, 2026).unpublishedSee Commonwealth v. Rounsley, 717 A.2d 537, 539 (Pa. Super. 1998); see also Commonwealth v. Alameda, 339 A.3d 504 , 511 (Pa. Super. 2025) (“Generally, a plea of guilty amounts to a waiver of all defects and defenses except those concerning…
- Com. v. Johnson, C., No. 3332 EDA 2024 (Pa. Super. Ct. Dec. 23, 2025).unpublished (stating that “[i]t is well established that any issue relating to sufficiency of the evidence is waived by entry of a guilty plea)
- Com. v. McCawley, N., No. 790 MDA 2024 (Pa. Super. Ct. Sept. 30, 2025).unpublishedSee Commonwealth v. Rounsley, 717 A.2d 537, 539 (Pa.Super. 1998).
- Com. v. Williams, S., No. 1176 EDA 2024 (Pa. Super. Ct. Apr. 9, 2025).unpublished (stating that “[i]t is well established that any issue relating to sufficiency of the evidence is waived by entry of a guilty plea)
- Com. v. Alsbrook, M., No. 2405 EDA 2022 (Pa. Super. Ct. Feb. 27, 2024).unpublished(deeming sufficiency of evidence claim waived for failing to raise issue on direct appeal)
- Com. v. Ramos, M., No. 513 MDA 2019 (Pa. Super. Ct. Aug. 19, 2020).unpublishedSee Commonwealth v. Rounsley, 717 A.2d 537, 539 (Pa. Super. 1998).
- Com. v. Erb, D., No. 1725 EDA 2019 (Pa. Super. Ct. June 11, 2020).unpublished(any issue relating to sufficiency of evidence is waived by entry of guilty plea and is not subject to attack in post conviction proceeding)
- Com. v. Dowell, R., No. 2672 EDA 2016 (Pa. Super. Ct. June 1, 2017).unpublished(holding that any issue 11 Dowell included a one-paragraph argument in support of his final issue in the Conclusion section of his appellate brief. -8- J-S17044-17 relating to sufficiency of the evidence is waived by ent…)
- Com. v. Powell, R., No. 1177 EDA 2014 (Pa. Super. Ct. Feb. 23, 2015).unpublished(holding claim that evidence was insufficient to sustain conviction “has been waived because [the appellant PCRA petitioner] failed to raise his sufficiency of the evidence claim on direct appeal)
- Commonwealth v. Brooke, 7 Pa. D. & C.5th 129 (Pa. Ct. Com. Pl. 2008).published(recognizing that “nearly all claims are waived under the PCRA since nearly all claims potentially could have been raised on direct appeal)
At page 538 Reviewing post-conviction relief eligibility and scope19 citing casesafter a defendant has entered a plea of guilty, the only cognizable issues in a post conviction proceeding are the validity of the plea of guilty and the legality of the sentence
- Com. v. Ruiz, J., No. 164 MDA 2025 (Pa. Super. Ct. Dec. 5, 2025).unpublished(after a defendant has entered a plea of guilty, the only cognizable issues in a post conviction proceeding are the validity of the plea of guilty and the legality of the sentence)
- Com. v. Spencer, R., No. 1912 WDA 2014 (Pa. Super. Ct. July 27, 2015).unpublished([A]fter a defendant has entered a plea of guilty, the only cognizable issues in a post-conviction proceeding are the validity of the plea of guilty and the legality of the sentence.)
- Com. v. Hobson, D., No. 401 WDA 2023 (Pa. Super. Ct. Apr. 30, 2024).unpublished“after a defendant has entered a plea of guilty, the only cognizable issues in a post-conviction proceeding are the validity of the plea of guilty and the legality of the sentence”
- Com. v. White, C., No. 456 WDA 2023 (Pa. Super. Ct. Feb. 13, 2024).unpublished“[A]fter a defendant has entered a plea of guilty, the only cognizable issues in a post-conviction proceeding are the validity of the plea of guilty and the legality of the sentence”
- Com. v. Tucker, J., No. 1543 MDA 2020 (Pa. Super. Ct. Aug. 5, 2021).unpublishedCommonwealth v. Rounsley, 717 A.2d 537, 538 (Pa.Super. 1998).
- Com. v. Hough, L., No. 101 WDA 2021 (Pa. Super. Ct. Aug. 4, 2021).unpublishedCommonwealth v. Rounsley, 717 A.2d 537, 538 (Pa. Super. 1998).
- Com. v. Murphy, D., No. 1199 MDA 2020 (Pa. Super. Ct. June 15, 2021).unpublishedCommonwealth v. Rounsley, 717 A.2d 537, 538 (Pa. Super. 1998).
- Com. v. Massey, W., No. 1514 WDA 2019 (Pa. Super. Ct. Feb. 5, 2021).unpublished“after a defendant has entered a plea of guilty, the only cognizable issues in a post[-]conviction proceeding are the validity of the plea of guilty and the legality of the sentence”
- Com. v. Vazquez, D., No. 653 MDA 2019 (Pa. Super. Ct. June 12, 2020).unpublished “[A]fter a defendant has entered a plea of guilty, the only cognizable issues in a post conviction proceeding are the validity of the plea of guilty and the legality of the sentence”
- Com. v. Beausoleil, C., 225 A.3d 1172 (Pa. Super. Ct. 2019).unpublished“the only cognizable issues in a post conviction proceeding are the validity of the plea of guilty and the legality of the sentence”
Show 9 more citing cases
- Com. v. Tres, D., No. 1297 EDA 2018 (Pa. Super. Ct. Apr. 9, 2019).unpublished“after a defendant has entered a plea of guilty, the only cognizable issues in a post-conviction proceeding are the validity of the plea of guilty and the legality of the sentence”
- Commonwealth of PA v. One (1) 1992 Volkswagen Passat -- Appeal of: J. Kokinda, No. 40 C.D. 2016 (Pa. Commw. Ct. Jan. 10, 2018).unpublishedQuite significantly, this Court lacks legal authority to second-guess the wisdom of Kokinda’s guilty plea, or question the sufficiency of the evidence to support the crimes to which he admitted guilt, see Commonwealth v. Rounsley, 717 A.2d…
- Com. v. Gary, R., No. 1629 EDA 2015 (Pa. Super. Ct. Apr. 24, 2017).unpublished “[A]fter a defendant has entered a plea of guilty, the only cognizable issues in a post-conviction proceeding are the validity of the plea of guilty and the legality of the sentence”
- Com. v. Walsh, M., No. 961 WDA 2016 (Pa. Super. Ct. Apr. 21, 2017).unpublished“[A]fter a defendant has entered a plea of guilty, the only cognizable issues in a post-conviction proceeding are the validity of the plea of guilty and the legality of the sentence”
- Com. v. Adams, P., No. 794 EDA 2015 (Pa. Super. Ct. Mar. 23, 2016).unpublished“after a defendant has entered a plea of guilty,[2] the only cognizable issues in a post[-]conviction proceeding are the validity of the plea of guilty and the legality of the sentence”
- Com. v. Brunson, M., No. 1611 EDA 2018 (Pa. Super. Ct. June 18, 2019).unpublishedSee generally Commonwealth v. Rounsley, 717 A.2d 537, 538 (Pa. Super. 1998). - 10 - certification from his plea counsel, who he claimed was ineffective.
- Com. v. Roser, H., No. 1533 EDA 2016 (Pa. Super. Ct. Feb. 14, 2017).unpublishedSee id. at 20. -7- J-S88020-16 of guilty and the legality of the sentence.” Commonwealth v. Rounsley, 717 A.2d 537, 538 (Pa. Super. 1998) (citing Commonwealth v. Martinez, 539 A.2d 399 (Pa. Super. 1988)).
- Com. v. Sanchez, N., No. 540 MDA 2016 (Pa. Super. Ct. Dec. 19, 2016).unpublishedSee Commonwealth v. Rounsely, 717 A.2d 537, 538 (Pa. Super. 1998); see also Pa.R.Crim.P. 606-607.
- Com. v. Dixon, T., No. 1606 WDA 2014 (Pa. Super. Ct. May 19, 2015).unpublishedSee Commonwealth v. Rounsley, 717 A.2d 537, 538-39 (Pa. Super. 1998} (..It is well established that any issue n:laling to sufficiency of the evidence is waived by entry of a guilty plea and is not subjut to anack in a post conviction proce…
v.
Timothy James ROUNSLEY
This is an appeal from an Order denying appellant Timothy James Rounsley’s petition for collateral relief filed pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.SA. § 9541, et seq. Mr. Rounsley challenges whether the evidence presented to support his conviction for homicide by vehicle while driving under the influence was sufficient when he was not convicted of driving under the influence. For the reasons set forth below, we affirm.
The facts and procedural history may be summarized as follows. On March 22, 1996, Mr. Rounsley was involved in a motor vehicle accident in which two persons were killed and one person was seriously injured. As a result of this accident, Mr. Rounsley was charged with the following: two counts of homicide by vehicle while driving under the influence; two counts of homicide by vehicle; three counts of accidents involving death or personal injury; three counts of driving under the influence of alcohol or controlled substance; three counts of reckless driving;[*538] one count of driving at safe speed; one count of driving on roadways laned for traffic; one count of careless driving; and two counts of involuntary manslaughter.[1] On June 10, 1996, following a full written and oral colloquy, Mr. Rounsley entered a general plea of guilty to two counts of homicide by vehicle while driving under the influence. The Commonwealth agreed not to prosecute the remaining charges. Mr. Rounsley was then sentenced to undergo a term of incarceration of 3-1/2 to 7 years on each count to run consecutively. No post-sentence motions or direct appeals were filed.
On January 15, 1997, Mr. Rounsley filed a petition for collateral relief pursuant to the PCRA. Following the appointment of counsel and the filing of an amended petition, an evidentiary hearing was held on June 11, 1997. At the evidentiary hearing, counsel for Mr. Rounsley argued that the only issue before the Court was whether under 75 Pa. C.S.A. § 3735[2] and the holding in Commonwealth v. Caine, 453 Pa.Super. 235, 683 A.2d 890 (1996),[3] Mr. Rounsley’s guilty plea should be recognized as invalid and should be held unconstitutional. By Order and Opinion dated June 16, 1997, the trial court denied Mr. Rounsley’s amended petition. This appeal followed.
When examining a post-conviction court’s grant or denial of relief, this Court’s review is limited to determining whether the PCRA court’s findings are supported by the record, and its order is otherwise free of legal error. Commonwealth v. Patterson, 456 Pa.Super. 202, 690 A.2d 250 (1997). The findings of the PCRA court will not be disturbed unless they lack support from the record. Commonwealth v. McClucas, 378 Pa.Super. 202, 548 A.2d 573 (1988).
To be eligible for relief, an appellant must first establish that his conviction or sentence resulted from one or more of the enumerated errors or defects found in 42 Pa.C.S.A. § 9543(a)(2). The appellant must also establish that the issues raised in the PCRA petition have not been previously litigated or waived. 42 Pa.C.S.A. § 9543(a)(3). An issue is considered to be previously litigated for the purpose of the PCRA if the “highest appellate court in which the petitioner could have had review as a matter of right has ruled on the merits of the issue.” 42 Pa.C.S.A. § 9544(a). An issue is deemed waived “if the petitioner could have raised it but failed to do so before trial, at trial, during unitary review, on appeal or in a prior state post-conviction proceeding.” 42 Pa. C.S.A. § 9544(b). Finally, the appellant must demonstrate that failure to litigate the issue prior to trial, during trial, or on direct appeal could not have resulted from any “rational, strategic or tactical decision by counsel.” 42 Pa.C.S.A. § 9543(a)(4). We also note that after a defendant has entered a plea of guilty, the only cognizable issues in a post conviction proceeding are the validity of the plea of guilty and the legality of the sentence. Commonwealth v. Martinez, 372 Pa.Super. 202, 539 A.2d 399 (1988).
In the present case, Mr. Rounsley challenges the sufficiency of the evidence to support his convictions for homicide by vehicle while driving under the influence when he was not convicted of the separate offense of driving under the influence. Relying upon 75 Pa.C.S.A. § 3735 and the holding in Commonwealth v. Caine, supra, Mr. Rounsley concludes that his conviction is invalid.
We need not address the merits of Mr. Rounsley’s claim because he has failed to meet the eligibility requirements for our re[*539]view under the PCRA. Specifically, Mr. Rounsley’s allegation of error has been waived because he failed to raise his sufficiency of the evidence claim on direct appeal. 42 Pa.C.S.A. §§ 9543, 9544(b). In Commonwealth v. Eaddy, 419 Pa.Super. 48, 54-58, 614 A.2d 1203, 1207-1208 (1992) this Court recognized that “nearly all claims are waived under the PCRA since nearly all claims potentially could have been raised on direct appeal.”
Moreover, Mr. Rounsley’s sufficiency of the evidence claim relates to the evidence that would have been presented against him at trial. Commonwealth v. Williams, 442 Pa.Super. 590, 599-601, 660 A.2d 614, 619 (1995). Although Mr. Rounsley was never tried and convicted for violating 75 Pa.C.S.A. § 3735, he did enter a guilty plea to violating two counts of that section. In entering his plea, Mr. Rounsley stated that he understood that he was pleading guilty to causing the death of the two individuals involved in the March 22, 1996 accident as a direct result of his violation of 75 Pa. C.S.A. § 3731. (Hearing Transcript, 6/10/96 p. 6). It is well established that any issue relating to sufficiency of the evidence is waived by entry of a guilty plea and is not subject to attack in a post conviction proceeding. Id. When Mr. Rounsley entered into the guilty plea, he conceded that the Commonwealth’s evidence was sufficient to support that conviction. He cannot now try to revisit this issue under the PCRA.
Accordingly, the Order of Court of Common Pleas of Indiana County denying PCRA relief will be affirmed.
Order affirmed.
Correspondingly, 75 Pa.C.S.A. §§ 3735, 3732, 3742, 3731, 3736, 3361, 3309, 3714 and 18 Pa. C.S.A. § 2504.
75 Pa.C.S.A. § 3735 provides in pertinent part:
(a) Offense defined. — Any person who unintentionally causes the death of another person as a result of a violation of section 3731 (relating to driving under the influence of alcohol or controlled substance) and who is convicted of violating section 3731 is guilty of a felony of the second degree when the violation is the cause of death ...
In Caine, the appellant was convicted in a non-jury trial of homicide by vehicle while driving under the influence but was found not guilty of driving under the influence. We reversed the judgment of sentence holding that a conviction for the offense of homicide by vehicle while driving under the influence requires that the defendant also be convicted of driving under the influence.