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Commonwealth v. Muhammad

Judgment of sentence following guilty plea affirmed because defendant failed to demonstrate that his plea was entered in an involuntary, unknowing, or unintelligent manner.

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�1 This is an appeal from the judgment of sentence entered by the Court of Common Pleas of Philadelphia County on October 14, 1999, following Appellant’s plea of guilty to charges of aggravated assault, *fn1 burglary, *fn2 and criminal conspiracy, *fn3 and a plea of nolo contendere to possession with intent to deliver a controlled substance. *fn4 Herein, he contends that the trial court abused its discretion in failing to allow him to withdraw his guilty plea. We affirm.

�2 On December 10, 1998, Appellant and Abdul Salaam, co-defendant and brother of Appellant, brutally kicked and beat Ms. Camella Rainey into unconsciousness.*fn5 On August 11, 1999, Appellant appeared before the trial court and entered an open guilty plea to aggravated assault, burglary, and criminal conspiracy. Following a colloquy conducted by the court, the court accepted Appellant’s plea and deferred imposition of sentence pending a pre-sentence investigation. N.T. 8/11/99 at 32.

�3 On October 12, 1999, Appellant’s sentencing proceeding began with counsel for Appellant informing the court that Appellant did not wish to go forward with his plea and wanted to withdraw his plea. N.T. 10/12/99 at 4- 5. When questioned by the court as to the basis for the withdrawal of his plea, Appellant responded, “Because I feel as though, you know, I was coerced to do that because my attorney, he telling me I’m getting a hundred and something years, $200,000 and -”. Id. at 5. The court explained to Appellant that it was his attorney’s obligation to inform him of the maximum penalties. The court proceeded to question Appellant as follows: THE COURT: Are you telling me that you did not kick this lady[, Ms. Rainey]?

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