Pennsylvania Superior Court rejects inmate’s request to withdraw guilty plea in burglary
Hackett serving 3.5 to 10 years in burglary case
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The Pennsylvania Superior Court on Wednesday rejected a request by a Clearfield County man to withdraw his guilty plea to a burglary charge in Blair County because, he claims, his plea was not entered "knowingly, intelligently or voluntarily."
Cory Lee Hackett, 35, of Mineral Springs is serving a prison sentence of 3.5- to 10-years after being arrested in 2019 during the commission of a burglary on Erin Drive in Altoona.
On June 4, 2021, he entered pleas to burglary, taunting a police animal, escape and resisting arrest.
According to the plea agreement outlined by the Superior Court, Hackett was to enter guilty pleas to the charges and be sentenced to a prison term of three years.
However, during the plea discussions, Hackett indicated his criminality stemmed from a drug problem and he requested that he be eligible for participation in the State Drug Treatment Program operated through the Department of Corrections.
The prosecution replied that it would not object to Hackett's participation in the STDP program, but it wanted to amend the plea agreement by adding six months to Hackett's minimum sentence -- upping it to three-and-a-half years.
Hackett was asked by Blair County Senior Judge Timothy M. Sullivan if he would agree to the amended sentence.
"Is that acceptable to you," the judge asked.
"Yes, your Honor," was Hackett's reply, according to the record reviewed by the Superior Court.
"Okay, good enough," the court replied.
Hackett then posed, "If I'm not provided the treatment program, can I go back to three-to-ten?"
The judge answered, "No," but then explained there could likely be a waiting period before he was granted entry into the state treatment program.
His order then explained that the court's recommendation was that Hackett "be enrolled in such a program."
Hackett also maintained that his lawyer encouraged him to take the plea.
He contended that the only reason he agreed to the terms of the plea was because he was going to enter the state program.
However, once he was incarcerated, he was told by a prison counselor that he was "one hundred percent not eligible for that program (due to the nature of his crimes)."
Hackett argued before the Superior Court that had he known he was ineligible he would not have pled guilty.
Hackett did not challenge his guilty plea and sentence by filing a direct appeal (within 30 days of his sentencing) but Hackett did file a post-conviction appeal (within a year) that was rejected by the Blair County judge, and that was eventually filed in the Superior Court.
He contended his plea was not entered knowingly, intelligently or voluntarily.
He also charged that his counsel, who advised him to take the plea, was ineffective.
The Superior Court panel of Judges Megan King, Brandon Neuman and John T. Bender emphasized that a claim that a guilty plea has been "unlawfully induced," should have been brought before that trial court on direct appeal, which did not occur in the Hackett case.
"The failure to petition to withdraw a plea combined with the failure to pursue a direct appeal, will bar consideration of an attack on the plea (via post-conviction petition)," the Superior Court panel ruled.
"Here (Hackett) did not file a motion to withdraw his plea, nor did he raise any challenge to the validity of his plea in a direct appeal. The claim is waived," the panel concluded.
With respect to the advice Hackett received from his attorney, the Superior Court opinion stated his counsel never "promised" him he would be admitted to the state drug treatment program.
The panel also stressed that the record showed Hackett himself "understood he might not get onto the program."
Hackett, the appeals court opinion noted, even questioned what would happen to his sentence if he wasn't accepted.
"This demonstrates (Hackett) understood there was no guarantee he would be admitted to SDTP if he entered the guilty plea." the appeals court panel summed up.
Hackett is serving his sentence in the State Correctional Institution Albion, Erie County.