Altoona man can’t withdraw plea for drug-related offenses
Gates serving 15- to 30-year prison sentence for drug offenses
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The Pennsylvania Superior Court late last week rejected an appeal by an Altoona man who is serving a state prison sentence of 15 to 30 years for drug-related offenses.
And, the appeals court explained, the inmate, Curtis Matthew Gates, 38, "must wait" for what he perceives is justice due to the circumstances of his case.
Gates was stopped by Altoona police on April 28, 2023, because his center brake light was out.
During the stop, he was asked if he had anything illegal in his vehicle, and, according to the Superior Court Opinion, he admitted to possessing marijuana, noting his medical marijuana license had expired.
At that point, police removed Gates and a woman from the vehicle and brought Pongo, a K-9, to the scene.
A "sniff test" was conducted and the K-9 alerted to the presence of narcotics.
A search warrant was obtained and officers located various amounts of fentanyl, methamphetamine, heroin and xylazine -- a drug haul valued by authorities at $18,000.
The woman in the vehicle admitted to having needles in her purse and "multiple baggies" in her possession. She, too, was arrested.
When it came time to try his case, Gates was offered a plea agreement of 10 to 20 years.
His lawyer, he said, advised him to plead guilty, but Gates then went ahead with the selection of a jury.
In his appeal, he argued that he was unaware that any plea offer he received would expire with the selection of a jury.
Gates stated that his attorney never informed him that the selection of a jury would result in the withdrawal of the initial plea offer.
He eventually received another plea offer of 15 to 30 years, which he accepted.
Gates was sentenced on Aug. 28, 2025, by President Judge Wade A. Kagarise after pleading to two counts of possession with intent to deliver and one count of conspiracy.
Gates, through attorney Scott N. Pletcher of State College, then filed a petition to modify his sentence, but when that was rejected by the trial court, he filed an appeal to the Superior Court seeking to withdraw his plea because, he contended, it was not entered "knowingly, voluntarily, or intelligently."
"At no time did Gates request the trial court (Kagarise) permit him to withdraw his guilty plea," the Superior Court opinion stated.
The Superior Court panel reviewing his appeal included judges Jack A. Panella, Megan King and Timika Lane.
In the opinion, written by Panella, it was explained that a defendant challenging the voluntariness of his plea must reveal his objections either during the court's plea colloquy or he must file a motion to withdraw the plea within 10 days of the sentencing hearing.
"Here, Gates did not object during his guilty plea colloquy (when the judge asked him if he understood the nature of the charges) nor did his post-sentence motion seek to withdraw his guilty plea," the appeals court opinion explained.
The appeals court did not, however, close the door on the issue raised by Gates -- that his attorney never told him the initial plea offer would be withdrawn if he attempted to select a jury.
He still has a year to challenge his lawyer's alleged "ineffectiveness" by filing what is called a post-conviction petition, the appeals court stated.
However, the appeals court panel made it clear that Gates "must wait" to raise the issue of attorney ineffectiveness, explaining it was not appropriate to argue that issue during his initial appeal.
Gates is doing his time in the State Correctional Institution, Pine Grove, Indiana County.
The woman with Gates during the traffic stop, Brittany Kruel, 31, is presently serving a prison term at SCI Muncy.