Com. v. Leguessir, R.

J-S29020-20 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : RACHID LEGUESSIR : : Appellant : No. 194 EDA 2020 Appeal from the PCRA Order Entered October 10, 2019 In the Court of Common Pleas of Delaware County Criminal Division at No(s): CP-23-CR-0002785-2010 BEFORE: PANELLA, P.J., NICHOLS, J., and PELLEGRINI, J.* MEMORANDUM BY NICHOLS, J.: Filed: November 19, 2020 Appellant Rachid Leguessir appeals pro se from the order dismissing his first Post Conviction Relief Act1 (PCRA) petition as untimely. On appeal, Appellant challenges his 2016 guilty plea, alleging a lack of notice of a previously scheduled trial date and his counsel’s failure to advise him of the immigration consequences of his plea. We affirm. The procedural history of this appeal follows. On April 19, 2010, Appellant was charged in a criminal complaint with disorderly conduct, possession of a controlled substance, and possession of drug paraphernalia.2 ____________________________________________ * Retired Senior Judge assigned to the Superior Court. 1 42 Pa.C.S. §§ 9541-9546. 218 Pa.C.S. § 5503, 35 P.S. § 780-113(a)(16), and 35 P.S. § 780-113(a)(32), respectively. J-S29020-20 On July 6, 2010, the trial court entered an order granting the Commonwealth’s motion to place Appellant in the accelerated rehabilitative disposition (ARD) program. According to Appellant, he was subsequently arrested and pled guilty to possession of a controlled substance in a separate case.3 Appellant’s Brief at 4 (referring to CP-23-CR-0006049-2010). On March 22, 2013, the trial court entered an order in the instant case granting the Commonwealth’s petition to remove Appellant from the ARD program and to list the case for trial. On June 3, 2013, the trial court issued a bench warrant for Appellant due to his failure to appear for trial. On January 14, 2016, Appellant, who was represented by counsel, entered a negotiated guilty plea to possession of a controlled substance in the instant case. The trial court sentenced him to twelve months’ probation.4 ____________________________________________ 3 The public docket for CP-23-CR-0006049-2010 lists the offense date for that case as July 15, 2010, and states that following his conviction, the trial court sentenced Appellant to time served to twelve months’ incarceration. Appellant also states in his brief that the United States Immigration and Customs Enforcement (ICE) took him into custody in late 2010, but the removal proceedings against him were cancelled. Appellant’s Brief at 4. 4The written guilty plea colloquy indicates that Appellant placed his initials next to the following statement: If I am not a United States citizen, my plea(s) of guilty or nolo contendere may subject me to MANDATORY DEPORTATION and other adverse immigration consequences. My attorney has answered, to my satisfaction, any questions I have had concerning adverse immigration consequences of this plea. I also acknowledge that I have had the opportunity to consult an attorney specializing in immigration-deportation law. -2- J-S29020-20 Appellant did not file a post-sentence motion or a direct appeal. The trial court rescinded the June 3, 2013 bench warrant for ...

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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals