![]() "Whether notice has been adequately imparted may be determined from the totality of the circumstances attendant upon the plea"Ĭommonwealth v. Our Supreme Court has repeatedly stressed that where the totality of the circumstances establishes that a defendant was aware of the nature of the charges, the plea court's failure to delineate the elements of the crimes at the oral colloquy, standing alone, will not invalidate an otherwise knowing and voluntary guilty plea. "The PCRA court's credibility determinations, when supported by the record, are binding on this Court however, we apply aĭe novo standard of review to the PCRA court's legal conclusions."Ĭommonwealth v. We view the findings of the PCRA court and the evidence of record in a light most favorable to the prevailing party. I incorporate the relevant law set forth in the Majority's memorandum. is guilty" of homicide by vehicle while driving under influence.). § 3735 ("A person who unintentionally causes the death of another person as the result of a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) and who is convicted of violating section 3802. Accordingly, I concur and dissent.ħ5 Pa.C.S.A. However, I respectfully disagree that Appellant is entitled to relief on his claim that Trial Counsel, Robert Donaldson, Esquire, was ineffective for failing to explain all the elements of homicide by vehicle while driving under influence (homicide by DUI). I agree with the majority that the PCRA court properly denied Appellant's motion for recusal. Retired Senior Judge assigned to the Superior Court. CONCURRING & DISSENTING MEMORANDUM BY MURRAY, J.: ![]() In the Court of Common Pleas of Blair County Criminal Division at No(s): CP-07-CR-0001854-2016 BEFORE: MURRAY, J., McLAUGHLIN, J., and COLINS, J. 65.37Īppeal from the PCRA Order Entered April 8, 2019 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. CONCURRING & DISSENTING MEMORANDUM BY MURRAY, J.
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