Cambria County man loses appeal

Edwards claims state failed to honor condition of guilty plea

The Pennsylvania Superior Court late last week rejected an appeal by a Johnstown man who contended that the state Department of Corrections failed to honor a condition of his guilty plea that would have placed him in DOC's drug treatment program.

Devine Steven Andre Edwards, 31, in early 2023 entered a negotiated plea to aggravated assault as the result of an incident at Solo­mon Homes in Johnstown.

He was sentenced by Cambria County Senior Judge Norman Krumenacker III to be confined for a period of 18 to 72 months.

Edwards presently resides in the State Correctional Institution Pine Grove in Indiana County.

He recently filed an appeal with the Superior Court arguing that his plea was "not knowing or voluntary" because he believed he was eligible for participation in the State Drug Court, a program that addresses addiction, and/or the DOC's motivational boot camp.

After being sentenced, he was housed in the Camp Hill State Correctional Institution and was advised that he was not eligible for Drug Court because he had entered a plea to a crime of violence.

The argument on appeal was that he took the plea and agreed to serve a prison sentence of up to 72 months with the aim of participating in the drug court program.

A Superior Court panel that included Judges Alice B. Dubow, Carolyn H. Nichols and Correale F. Stevens stated that after reviewing a record of the case, they concluded Edwards "did not enter his plea based on the belief he would be eligible for (the drug court)."

The panel adopted the opinion of Krumenacker that indicated there were no guarantees or conditions to his pleas.

During his hearing on his appeal held before Krumenacker, Edwards claimed he only accepted the plea deal offered to him "based on his belief that he would be admitted to the Drug Court."

He said the original plea offer was two to four years behind bars, but as negotiations continued, the prosecution eventually agreed to a term of 18 to 72 months.

In his opinion, the trial judge stated that Edwards, during his plea, said he understood his right to go to trial, that he had no complaints about his attorney and that no promises had been made to him and no threats were made to coerce his plea.

The trial court concluded his plea was voluntary, and "no one had made any threats or promises related to sentencing other than the agreed upon sentence."

Krumenacker in his opinion -- which was adopted by the Superior Court panel -- concluded that Edwards failed to establish that he did not enter a knowing and voluntary plea, as a review of the plea colloquy makes clear the defendant understood the charge he would pleading to along with the sentence, and thus his plea is presumed to be entered knowingly and voluntarily.

The opinion of the trial judge was that Edwards was not misled into accepting a plea deal but that his appeal "is an effort to avoid the consequences of his drug-related misconduct."

Edwards during this time period was also involved in a high-speed chase in Altoona.

Former Blair County President Judge Elizabeth Doyle sentenced him to a period of two months and 10 days confinement followed by five years of probation for fleeing police.