Commonwealth v. Hodges

Denial of motion by defendant to withdraw his guilty plea reversed; plea process was tainted from outset, and manifest injustice was established because maximum sentence of death communicated to defendant was a sentence that could not have been imposed in any event because of defendant's age.

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� 1 This is an appeal from the judgment of sentence imposed after appellant entered his guilty plea. Appellant, Tiarike Hodges, presents the following issue for our review: whether a manifest injustice resulted after the trial court denied his motion to withdraw his guilty plea. After careful consideration, we find that appellant’s claim has merit, and we therefore reverse.

� 2 Appellant was charged with two counts of murder in the first degree, *fn1 possession of an instrument of a crime (PIC), *fn2 two counts of violations of the Uniform Firearms Act (VUFA), *fn3 and conspiracy to commit those crimes. *fn4 These charges stemmed from the killings of two young men at the Global Pizza Parlor in Philadelphia.

� 3 Because of the nature of the crimes, the Commonwealth, in accordance with Pa.R.Crim.P. 801 (formerly Rule 352), sent appellant notice of aggravating circumstances, thereby notifying appellant to its intent to seek the death penalty.

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Commonwealth v. Hodges

Denial of motion by defendant to withdraw his guilty plea reversed; plea process was tainted from outset, and manifest injustice was established because maximum sentence of death communicated to defendant was a sentence that could not have been imposed in any event because of defendant's age.

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