guilty plea constitutes waiver in Pennsylvania

2020As a general rule, “[t]he entry of a guilty plea constitutes a waiver of all defects and defenses except lack of jurisdiction, invalidity of the plea, and illegality of the sentence.” Commonwealth v. Main, 6 A.3d 1026, 1028 (Pa.Super. 2010) (quoting Commonwealth v. Tareila, 895 A.2d 1266, 1267 (Pa.Super. 2006)). “[A] defendant who attempts to withdraw a guilty plea after sentencing must demonstrate prejudice on the order of manifest injustice before withdrawal is justified.” Commonwealth v. Pantalion, 957 A.2d 1267, 1271 (Pa.Super. 2008).

2020However, Coffer’s guilty plea acted as a waiver of any challenge to the sufficiency of the evidence, and had the effect of admitting all the elements of the robbery charge.4 See Commonwealth v. Tareila, 895 A.2d 1266, 1267 (Pa.Super. 2006) (“The entry of a guilty plea constitutes a waiver of all defects and defenses except lack of jurisdiction, invalidity of the plea, and illegality of the sentence”).

2020As a general rule, “[t]he entry of a guilty plea constitutes a waiver of all defects and defenses except lack of jurisdiction, invalidity of the plea, and illegality of the sentence.” Commonwealth v. Main, 6 A.3d 1026, 1028 (Pa.Super. 2010) (quoting Commonwealth v. Tareila, 895 A.2d 1266, 1267 (Pa.Super. 2006)). “[A] defendant who attempts to withdraw a guilty plea after sentencing must demonstrate prejudice on the order of manifest injustice before withdrawal is justified.” Commonwealth v. Pantalion, 957 A.2d 1267, 1271 (Pa.Super. 2008).

2018See Commonwealth v. Eichinger, 108 A.3d 821, 828 , (Pa. 2014) (stipulating to evidence is functionally the same as a guilty plea, but preserves rights to challenge pre- trial rulings); compare Commonwealth v. Main, 6 A.3d 1026, 1028 (Pa. Super. 2010) (“The entry of a guilty plea constitutes a waiver of all defects and defenses except lack of jurisdiction, invalidity of the plea, and illegality of the sentence.”). -3- J-S73001-17 On April 30, 2015, Appellant filed a pro se PCRA petition.

2024“The entry of a guilty plea constitutes a waiver of all defenses and defects except claims of lack of jurisdiction, invalid guilty plea, and illegal sentence.” Commonwealth v. Messmer, 863 A.2d 567, 571 (Pa. Super. 2004); see also Commonwealth v. Roden, 730 A.2d 995 , 997 n.2 (Pa. Super. 1999) (“Upon entry of a guilty plea, a defendant generally waives all defects and defenses except those concerning the validity of the plea, the jurisdiction of the trial court, and the legality of the sentence imposed.”).

2023“The entry of a guilty plea constitutes a waiver of all defenses and defects except claims of lack of jurisdiction, invalid guilty plea, and illegal sentence.” Commonwealth v. Messmer, 863 A.2d 567, 571 (Pa. Super. 2004); see also Commonwealth v. Roden, 730 A.2d 995 , 997 n.2 (Pa. Super. 1999) (“Upon entry of a guilty plea, a defendant generally waives all defects and defenses except those concerning the validity of the plea, the jurisdiction of the trial court, and the legality of the sentence imposed.”).

2024“The entry of a guilty plea constitutes a waiver of all defenses and defects except claims of lack of jurisdiction, invalid guilty plea, and illegal sentence.” Commonwealth v. Messmer, 863 A.2d 567, 571 (Pa. Super. 2004); see also Commonwealth v. Roden, 730 A.2d 995 , 997 n.2 (Pa. Super. 1999) (“Upon entry of a guilty plea, a defendant generally waives all defects and defenses except those concerning the validity of the plea, the jurisdiction of the trial court, and the legality of the sentence imposed.”).

2023“The entry of a guilty plea constitutes a waiver of all defenses and defects except claims of lack of jurisdiction, invalid guilty plea, and illegal sentence.” Commonwealth v. Messmer, 863 A.2d 567, 571 (Pa. Super. 2004); see also Commonwealth v. Roden, 730 A.2d 995 , 997 n.2 (Pa. Super. 1999) (“Upon entry of a guilty plea, a defendant generally waives all defects and defenses except those concerning the validity of the plea, the jurisdiction of the trial court, and the legality of the sentence imposed.”).

2026When a defendant seeks to withdraw a plea after sentencing, as is the case here, he must demonstrate “prejudice on the order of manifest injustice before withdrawal is justified.” Commonwealth v. Yeomans, 24 A.3d 1044, 1046 (Pa.Super. 2011) (citation omitted).

2017However, we must conduct an independent review of the record to determine whether there are any other non-frivolous issues that Gehr could raise on appeal.2 We will first determine whether the imposition of Gehr’s sentence for the DUI-refusal conviction violated the recent United States Supreme Court holding in Birchfield v. North Dakota, 136 S. Ct. 2 We acknowledge that “[t]he entry of a guilty plea constitutes a waiver of all defects and defenses except lack of jurisdiction, invalidity of the plea, and illegality of the sentence.” Commonwealth v. Tareila, 895 A.2d 1266, 1267 (Pa. Super. 2006

2026It is well settled in this Commonwealth that the entry of a guilty plea constitutes a waiver of “all non-jurisdictional defects except the legality of the sentence and the validity of the plea.” Commonwealth v. Lincoln, 72 A.3d 606, 609 (Pa.Super. 2013), appeal denied, 87 A.3d 319 (Pa. 2014).

2025It is well settled in this Commonwealth that the entry of a guilty plea constitutes a waiver of “all non-jurisdictional defects except the legality of the sentence and the validity of the plea.” Commonwealth v. Lincoln, 72 A.3d 606, 609 (Pa.Super. 2013), appeal denied, 87 A.3d 319 (Pa. 2014).

2022Commonwealth v. Main, 6 A.3d 1026 (Pa.Super. 2010). “[A] defendant who attempts to withdraw a guilty plea after sentencing must demonstrate prejudice on the order of manifest injustice before withdrawal is justified.” Commonwealth v. Pantalion, 957 A.2d 1267, 1271 (Pa.Super. 2008).

2020As a general rule, “[t]he entry of a guilty plea constitutes a waiver of all defects and defenses except lack of jurisdiction, invalidity of the plea, and illegality of the sentence.” Commonwealth v. Main, 6 A.3d 1026, 1028 (Pa.Super. 2010) (quoting Commonwealth v. Tareila, 895 A.2d 1266, 1267 (Pa.Super. 2006)). “[A] defendant who attempts to withdraw a guilty plea after sentencing must demonstrate prejudice on the order of manifest injustice before withdrawal is justified.” Commonwealth v. Pantalion, 957 A.2d 1267, 1271 (Pa.Super. 2008).

2018Eligibility for PCRA Relief Initially, I note that "[t]he entry of a guilty plea constitutes a waiver of all defenses and defects except claims of lack of jurisdiction, invalid guilty plea, and illegal sentence." Commonwealth v. Kennedy, 868 A.2d 582, 593 (Pa. Super. 2005).

2017Furthermore, "[t]he entry of a guilty plea constitutes a waiver of all defenses and defects except claims of lack of jurisdiction, invalid guilty plea, and illegal sentence." Commonwealth v. Kennedy, 868 A.2d 582, 593 (Pa. Super. 2005).

2020“A plea rises to the level of manifest injustice when it was entered into involuntarily, unknowingly, or unintelligently.” Id. -5- J-S36022-20 (quoting Commonwealth v. Muhammad, 794 A.2d 378, 383 (Pa.Super. 2002)).

2016See Commonwealth v. Muhammad, 794 A.2d 378, 384 (Pa. Super. 2002) (stating that appellant cannot claim that he involuntarily entered a guilty plea where he stated that no one threatened him to plead guilty); see also Commonwealth v. Tareila, 895 A.2d 1266, 1267 (Pa. Super. 2006) (stating that “[t]he entry of a guilty plea constitutes a waiver of all defects and defenses except lack of jurisdiction, invalidity of the plea, and illegality of the sentence.”).

2018Thus, in his brief to this Court, counsel addresses these three issues and ultimately determines that Appellant’s appeal is frivolous.6 Upon review, we agree. 5 Appellant acknowledged in his written guilty plea colloquy that by pleading guilty his “right to appeal is limited to challenging the legality of the sentence, the jurisdiction of the [c]ourt, and the voluntariness of [his] plea.” Written Guilty Plea Colloquy, 10/27/2017, at 1. 6 Furthermore, “[o]ne who pleads guilty and receives a negotiated sentence may not then seek discretionary review of that sentence.” Commonwealth v. O'Malley, 9

2017See Commonwealth v. Jones, 929 A.2d 205, 212 (Pa. 2007) (noting that all claims of procedural deficiencies and all non-jurisdictional defects and defenses are waived by tendering a guilty plea); see also Commonwealth v. Tareila, 895 A.2d 1266, 1267 (Pa. Super. 2006) (stating that “[t]he entry of a guilty plea constitutes a waiver of all defects and defenses except lack of jurisdiction, invalidity of the plea, and illegality of the sentence.”).

2016N. T. at 9; see also Colloquy at 6; see also Commonwealth v. Muhammad, 74 A.2d 378, 384 (Pa. Super. -5- J-S85025-16 2002) (stating that an appellant cannot claim that he involuntarily entered a guilty plea where he stated that no one threatened him to plead guilty); see also Commonwealth v. Tareila, 895 A.2d 1266, 1267 (Pa. Super. 2006) (stating that “[t]he entry of a guilty plea constitutes a waiver of all defects and defenses except lack of jurisdiction, invalidity of the plea, and illegality of the sentence.”); see also Commonwealth v. Myers, 642 A.2d 1103, 1107 (Pa. Super. 1994) (noting th

2016See Commonwealth v. Muhammad, 74 A.2d 378, 384 (Pa. Super. 2002) (stating that appellant cannot claim that he involuntarily entered a guilty plea where he stated that no one threatened him to plead guilty); see also Commonwealth v. Tareila, 895 A.2d 1266, 1267 (Pa. Super. 2006) (stating that “[t]he entry of a guilty plea constitutes a waiver of all defects and defenses except lack of jurisdiction, invalidity of the plea, and illegality of the sentence.”).

2017See also Commonwealth v. Montgomery, 485 Pa. 110, 114 , 401 A.2d 318, 319 (1979) (stating that a guilty plea constitutes a waiver of all nonjurisdictional defects and defenses and stressing that a defendant who pleads guilty waives the right ____________________________________________ 8 Appellant has not provided the notes of testimony of the preliminary hearing for our review.

2017See also Commonwealth v. Montgomery, 485 Pa. 110, 114 , 401 A.2d 318, 319 (1979) (stating that a guilty plea constitutes a waiver of all nonjurisdictional defects and defenses and stressing that a defendant who pleads guilty waives the right ____________________________________________ 8 Appellant has not provided the notes of testimony of the preliminary hearing for our review.

2015See N.T., 4/24/12, at 21 (Appellant acknowledges that his entry of a guilty plea would render him unable to pursue pre-trial motions); see also Commonwealth v. Murray, 836 A.2d 956, 962-63 (Pa. Super. - 10 - J-S18018-15 2003) (providing that the entry of a guilty plea constitutes a waiver of all defects and defenses except lack of jurisdiction, invalidity of the plea, and illegality of the sentence).

2004Commonwealth v. Murray, 836 A.2d 956 (Pa.Super.2003).

2026See Commonwealth v. Harvey, 595 A.2d 1280, 1282 (Pa. Super. 1991).

2022“Historically, Pennsylvania courts adhere to this waiver principle because ‘[i]t is for the court which accepted the plea to consider and correct, in the first instance, any error which may have been committed.’” Id. (quoting Commonwealth v. Roberts, 352 A.2d 140, 141 (Pa.Super. 1975)). -5- J-S25039-22 Generally, the entry of a guilty plea constitutes a waiver of all defects and defenses except lack of jurisdiction, invalidity of the plea, and legality of the sentence.

2018Commonwealth v. Morrison, 173 A.3d 286, 290 (Pa.Super. 2017).

2018Because the record reflects Appellant’s clear desire to plead guilty, he cannot now challenge counsel’s failure to raise these defenses. -7- J-S44022-18 would be advanced by holding an evidentiary hearing.” Commonwealth v. Jones, 942 A.2d 903, 906 (Pa. Super. 2008).

2018Thus, in his brief to this Court, counsel addresses these three issues and ultimately determines that Appellant’s appeal is frivolous.6 Upon review, we agree. 5 Appellant acknowledged in his written guilty plea colloquy that by pleading guilty his “right to appeal is limited to challenging the legality of the sentence, the jurisdiction of the [c]ourt, and the voluntariness of [his] plea.” Written Guilty Plea Colloquy, 10/27/2017, at 1. 6 Furthermore, “[o]ne who pleads guilty and receives a negotiated sentence may not then seek discretionary review of that sentence.” Commonwealth v. O'Malley, 9

2018See Commonwealth v. Eichinger, 108 A.3d 821, 828 , (Pa. 2014) (stipulating to evidence is functionally the same as a guilty plea, but preserves rights to challenge pre- trial rulings); compare Commonwealth v. Main, 6 A.3d 1026, 1028 (Pa. Super. 2010) (“The entry of a guilty plea constitutes a waiver of all defects and defenses except lack of jurisdiction, invalidity of the plea, and illegality of the sentence.”). -3- J-S73001-17 On April 30, 2015, Appellant filed a pro se PCRA petition.

2018See Commonwealth v. Eichinger, 108 A.3d 821, 828 , (Pa. 2014) (stipulating to evidence is functionally the same as a guilty plea, but preserves rights to challenge pre- trial rulings); compare Commonwealth v. Main, 6 A.3d 1026, 1028 (Pa. Super. 2010) (“The entry of a guilty plea constitutes a waiver of all defects and defenses except lack of jurisdiction, invalidity of the plea, and illegality of the sentence.”). -3- J-S73001-17 On April 30, 2015, Appellant filed a pro se PCRA petition.

2017“It is the obligation of the appellant to make sure that the record forwarded to an appellate court contains those documents necessary to allow a complete and judicious assessment of the issues raised on appeal.” Hrinkevich v. Hrinkevich, 676 A.2d 237, 240 (Pa.Super. 1996) (citation omitted). - 11 - J-S86011-16 to challenge anything but the legality of his sentence and the validity of his plea).

2017See Commonwealth v. Zeigler, 112 A.3d 656, 660 (Pa.Super. 2015) (citation omitted).

2016N. T. at 9; see also Colloquy at 6; see also Commonwealth v. Muhammad, 74 A.2d 378, 384 (Pa. Super. -5- J-S85025-16 2002) (stating that an appellant cannot claim that he involuntarily entered a guilty plea where he stated that no one threatened him to plead guilty); see also Commonwealth v. Tareila, 895 A.2d 1266, 1267 (Pa. Super. 2006) (stating that “[t]he entry of a guilty plea constitutes a waiver of all defects and defenses except lack of jurisdiction, invalidity of the plea, and illegality of the sentence.”); see also Commonwealth v. Myers, 642 A.2d 1103, 1107 (Pa. Super. 1994) (noting th

2010“Generally, a challenge to the application of a mandatory minimum sentence is a non-waiveable challenge to the legality of the sentence.” Commonwealth v. Diamond, 945 A.2d 252, 256 (Pa.Super.2008), appeal denied, 598 Pa. 755 , 955 A.2d 356 (2008).

2003Commonwealth v. Roden, 730 A.2d 995 , 997 n. 2 (Pa.Super.1999); Commonwealth v. Everett, 290 Pa.Super. 344 , 434 A.2d 785, 789 (1981).

2003Commonwealth v. Roden, 730 A.2d 995 , 997 n. 2 (Pa.Super.1999); Commonwealth v. Everett, 290 Pa.Super. 344 , 434 A.2d 785, 789 (1981).