I want to file a PCRA because I had ineffective plea counsel. I heard there are two new cases Lafler & Frye, that say my conviction should be overturned because of this.
My lawyer told me that the DA did not make me an offer in me case and that best he could get me was 1-2 years up state. We went to trial and I lost. At sentencing the judge said my case was a 5-10 year mandatory and there was nothing he could do about it, so he gave me 5-10 even though my guidelines were 6 months in the county.
Is there anything I can do to appeal?
You can file a Petition under the PCRA to say that you had ineffective plea counsel under the 6th amendment, which violates Lafler v. Cooper, 132 S. Ct. 1376 (2012) and Missouri v. Frye, 132 S. Ct. 1399 (2012).
These cases clearly say that your lawyer must convey all offers to you and explain the ramifications of rejecting the offer. That means that if they offered 1-2 and you were looking at a mando 5-10, your lawyer had to tell you.
In Philadelphia county in criminal court, the DA's office is now having the defendant sign the offer sheet to show the offer was conveyed, the mando was explained, and the guidelines were explained.
You should file a PCRA.
|Lafler & Frye|
Labels: Lafler & Frye, pcra, Plea Counsel