Com. v. Pritchett, Z. ( 2023 )


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  • J-A28024-22
    NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
    COMMONWEALTH OF PENNSYLVANIA               :   IN THE SUPERIOR COURT OF
    :        PENNSYLVANIA
    :
    v.                             :
    :
    :
    ZACKARY PRITCHETT                          :
    :
    Appellant               :   No. 783 EDA 2022
    Appeal from the PCRA Order Entered March 8, 2022
    In the Court of Common Pleas of Philadelphia County Criminal Division at
    No(s): CP-51-CR-0003990-2015
    BEFORE: PANELLA, P.J., LAZARUS, J., and SULLIVAN, J.
    MEMORANDUM BY LAZARUS, J.:                           FILED FEBRUARY 15, 2023
    Zackary Pritchett appeals from the order, entered in the Court of
    Common Pleas of Philadelphia County, denying his petition filed pursuant to
    the Post Conviction Relief Act (PCRA), 42 Pa.C.S.A. § 9541-9546. After our
    review, we affirm on the opinion authored by the Honorable Diana L. Anhalt.
    On July 12, 2016, Pritchett entered a negotiated guilty plea to third-
    degree murder, attempted murder, and possessing an instrument of crime.1
    ____________________________________________
    1 When he was nineteen years old, Pritchett stabbed his mother to death with
    a butcher knife; he also stabbed his bedridden grandmother, but he stopped
    when she pleaded with him and told him she loved him, causing Pritchett to
    cry and flee. Pritchett gave a written and videotaped confession to both
    stabbings. N.T. Guilty Plea Hearing, 7/12/16, at 14-19. Pritchett was
    sexually, physically, and emotionally abused by his mother. He did not attend
    school (in response to the court’s question of how far he went to school,
    Pritchett stated, “Kindergarten.” Id. at 5), and essentially lived like a “caged
    animal.” Pritchett has an IQ of 67 and suffers from mental health issues.
    During sentencing proceedings, Annie Steinberg, M.D., who was hired by
    (Footnote Continued Next Page)
    J-A28024-22
    ____________________________________________
    Pritchett’s counsel, provided a psychiatric diagnosis, concluding Pritchett
    suffers from dissociative identity disorder and post-traumatic stress disorder,
    that he developed an alter ego, “Dennis,” at the age of 10, and that it was
    “Dennis” who had “told [him] to kill his mother[.]” Appellant’s Brief, at 5.
    See also Defense Exhibit 2 (Dr. Steinberg Report); N.T. PCRA Hearing,
    1/13/22, at 41. At the PCRA Hearing, Dr. Steinberg explained the disorder is
    exclusive to individuals who have experienced “profound trauma, abuse,
    neglect in childhood, when the personality is still developing and can fracture
    as an attempt to cope with an untenable situation. . . . but it occurs only really
    with severe trauma in young years.” Id. at 33-34.
    Doctor Steinberg explained that Pritchett developed an alter ego to respond
    to his significant trauma. She explained that he was aware of what was
    occurring when he attacked his mother and grandmother, that he may have
    lacked “cognitive control” due to his alter ego, but despite his mental condition
    he was competent. See Commonwealth’s Brief, at 3, citing Dr. Steinberg
    Report, at 26-27. Doctor Steinberg concluded:
    Zackary has a capacity to appreciate the charges against
    him, disclose pertinent facts, provide an account of his own
    and others’ behavior prior to, during, and subsequent to the
    alleged crime. He has an awareness of the roles of court
    personnel and the adversarial nature of the proceedings,
    and he is open to testifying but fearful that Dennis [his alter
    ego] will emerge. He understands the range and nature of
    penalties and hopes for treatment for his problems; he feels
    that his psychological problems should be brought up so that
    he can receive treatment, to which he has never had access.
    However, the alter [ego] Dennis, should he emerge, has less
    capacity to participate in a coherent, rational process in a
    courtroom and in his own defense. [During the evaluation
    h]e was incoherent at times, with maniacal laughter,
    aggressive and threatening, and self-injurious to the body.
    Dr. Steinberg Report, at 25.
    Pritchett’s grandmother was hospitalized due to her injuries and died a few
    months later. The PCRA court states that as part of the negotiated plea, the
    Commonwealth agreed not to pursue murder charges against Pritchett for the
    death of his grandmother, but the court acknowledges that this agreement
    was not placed on the record. See PCRA Court Opinion, supra at 11-12,
    citing N.T. PCRA Hearing, 1/13/22, at 117-18, 146-48.
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    J-A28024-22
    The Honorable Lillian H. Ransom sentenced him to 20 to 40 years’
    imprisonment.2 Pritchett did not file a direct appeal. Pritchett filed a timely
    PCRA petition on January 17, 2017, seeking reinstatement of his appellate
    rights nunc pro tunc.         The PCRA court appointed counsel, who filed a
    Turner/Finley no-merit letter3 and motion to withdraw.        The PCRA court
    dismissed Pritchett’s petition and granted counsel’s motion to withdraw.
    On collateral appeal to this Court, we vacated and remanded for
    appointment of new counsel, the filing of a counseled PCRA petition, and an
    evidentiary hearing to provide Pritchett “the opportunity to prove his
    allegation that he requested an appeal.” Commonwealth v. Pritchett, 4035
    ____________________________________________
    2    The court stated that Pritchett would be housed and supervised in the
    mental health unit. N.T. Guilty Plea Hearing/Sentencing, 7/12/16, at 22;
    Sentencing Order, 7/12/16. The Commonwealth states that since his
    incarceration at S.C.I. Camp Hill, Pritchett “has been seeing mental health
    professionals for therapy and treatment that have been successful, attending
    classes, and working.” Commonwealth’s Response to Defendant’s Amended
    Petition, 7/15/21, at 7-8. At the PCRA hearing, Dr. Steinberg testified that
    she and Pritchett discussed his experience in prison:
    [P]rison was a step up from his life. He got to go out a
    couple of times a day and walk in the yard. People left him
    alone there. He had a roommate who he did not mind. And
    he seemed very grateful for the help that he was getting,
    even though he complained about not getting medicine
    enough or fast enough to help take the voices away, but he
    definitively thought that prison was preferable to his
    previous life, which really represents . . . how severe an
    existence he had prior to his incarceration.
    N.T. PCRA Hearing, 1/13/22, at 62-63.
    3 Commonwealth v. Turner, 
    544 A.2d 927
     (Pa. 1988), and
    Commonwealth v. Finley, 
    550 A.2d 213
     (Pa. Super. 1988) (en banc).
    -3-
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    EDA 2017, *3 (Pa. Super. filed October 10, 2018) (unpublished memorandum
    decision). See Commonwealth v. Lantzy, 
    736 A.2d 564
    , 571-72 (Pa. 1999)
    (failure to appeal when requested constitutes ineffectiveness per se without
    regard to merit of issues to be raised); see also Commonwealth v. Stanley,
    
    632 A.2d 871
    , 872 (Pa. 1993) (where there is any “substantive question
    concerning the merits of a collateral claim, the trial court should receive
    evidence on the matter”).
    On remand, the PCRA court appointed new counsel, Doug Dolfman,
    Esquire, who filed an amended PCRA petition on July 23, 2019.                The
    Commonwealth filed a response. The court held an evidentiary hearing on
    January 31, 2020 to determine whether Pritchett had requested trial counsel
    file a direct appeal. That hearing was subsequently bifurcated to allow
    Attorney Dolfman to obtain Pritchett’s mental health records.          Following
    several continuance requests by the defense, the PCRA court removed
    Attorney Dolfman and appointed George Yacoubian, Esquire, to represent
    Pritchett. Attorney Yacoubian filed a second amended PCRA petition, alleging
    trial counsel was ineffective in causing Pritchett to enter an involuntary guilty
    plea when counsel knew, or should have known , that Pritchett’s mental health
    history, low IQ, and lack of any formal education precluded any waiver of his
    trial rights. The Commonwealth filed a response.
    The PCRA court held a hearing on January 13, 2022. On March 8, 2022,
    the court dismissed Pritchett’s PCRA petition.
    -4-
    J-A28024-22
    Pritchett filed this timely appeal. Both Pritchett and the PCRA court have
    complied with Pa.R.A.P. 1925. Pritchett raises the following issues on appeal:
    1. Did the PCRA court err when it denied Pritchett’s claim that
    trial counsel was ineffective pursuant to subsection
    9543(a)(2)(ii) of the PCRA?[4]
    2. Did the PCRA court err when it denied Pritchett’s claim that
    his guilty plea was unlawfully induced pursuant to
    subsection 9543(a)(2)(iii) of the PCRA?[5]
    Appellant’s Brief, at 12.
    When reviewing the propriety of an order denying PCRA relief, we
    consider the record “in the light most favorable to the prevailing party at the
    PCRA level.”     Commonwealth v. Stultz, 
    114 A.3d 865
    , 872 (Pa. Super.
    2015) (quoting Commonwealth v. Henkel, 
    90 A.3d 16
    , 20 (Pa. Super. 2014)
    (en banc)).     This Court is limited to determining whether the evidence of
    record supports the conclusions of the PCRA court and whether the ruling is
    free of legal error. Commonwealth v. Rykard, 
    55 A.3d 1177
    , 1183 (Pa.
    Super. 2012). We grant great deference to the PCRA court’s findings that are
    ____________________________________________
    4 A petitioner is eligible for relief if he pleads and proves by a preponderance
    of the evidence that the conviction or sentence resulted from “[i]neffective
    assistance of counsel which, in the circumstances of the particular case, so
    undermined the truth-determining process that no reliable adjudication of
    guilt or innocence could have taken place.” 42 Pa.C.S.A. § 9543(a)(2)(ii).
    5 A petitioner is eligible for relief if he pleads and proves by a preponderance
    of the evidence that the conviction or sentence resulted from “[a] plea of guilty
    unlawfully induced where the circumstances make it likely that the
    inducement caused the petitioner to plead guilty and the petitioner is
    innocent.” 42 Pa.C.S.A. § 9543(a)(2)(iii).
    -5-
    J-A28024-22
    supported in the record and will not disturb them unless they have no support
    in the certified record. Commonwealth v. Rigg, 
    84 A.3d 1080
    , 1084 (Pa.
    Super. 2014).
    After careful review of the parties’ arguments, the record, and the PCRA
    court’s opinion, we affirm based on that court’s opinion.       See PCRA Court
    Opinion, 7/8/22, at 7-18.          The evidence of record supports the court’s
    conclusions that: (1) trial counsel was not ineffective for failing to file an
    appeal where Pritchett failed to show, at two evidentiary hearings, that he
    made such a request and trial counsel’s testimony that he was neither asked
    nor contacted about filing an appeal, was credible;6 (2) trial counsel was not
    ineffective with respect to Pritchett’s guilty plea because the record shows
    Pritchett was competent and his plea was knowing, intelligent, and voluntary;7
    and (3) counsel was not ineffective for failing to raise Pritchett’s “mental
    health history, mental retardation, sexual abuse, and severe psychiatric
    disorders,” where the record belied this assertion; at the guilty plea hearing,
    Judge Ransom was well aware of Pritchett’s mental health conditions, the fact
    ____________________________________________
    6 See Commonwealth v. Spencer, 
    892 A.2d 840
    , 842 (Pa. Super. 2006)
    (before court will find ineffective assistance of trial counsel for failing to file
    direct appeal, defendant must prove he requested appeal and that counsel
    ignored request).
    7 Doctor Steinberg opined that Pritchett “appreciates the charges again him
    [and] understands the range and nature of penalties.” Dr. Steinberg Report,
    supra at 25. Pritchett acknowledged at the guilty plea hearing that he
    understood the charges to which he was pleading and understood that he was
    receiving a penalty of 20-40 years’ imprisonment for third-degree murder and
    no further penalty on the remaining charges. N.T. Guilty Plea Hearing,
    7/12/16, at 7-8.
    -6-
    J-A28024-22
    that he had taken his medication for dissociative identity disorder and that he
    responded “No” when asked if he was hearing voices other than those of the
    people in the courtroom.      Moreover, the court had possession of Dr.
    Steinberg’s report.
    We conclude, therefore, that the record supports the PCRA court’s
    findings. Rigg, supra. Accordingly, we affirm the PCRA court’s order and
    direct the parties to attach a copy of the PCRA court’s opinion in the event of
    further proceedings.
    Order affirmed.
    Judgment Entered.
    Joseph D. Seletyn, Esq.
    Prothonotary
    Date: 2/15/2023
    -7-
    

Document Info

Docket Number: 783 EDA 2022

Judges: Lazarus, J.

Filed Date: 2/15/2023

Precedential Status: Precedential

Modified Date: 2/15/2023