Com. v. Diblasi, D (memorandum)
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J-S13033-13 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA, Appellee v. DAVID DIBLASI, Appellant : : : : : : : : : IN THE SUPERIOR COURT OF PENNSYLVANIA No. 1915 EDA 2012 Appeal from the Judgment of Sentence entered on April 30, 2012 in the Court of Common Pleas of Philadelphia County, Criminal Division, No(s): CP-51-CR-0012056-2010, CP-51-CR-0013805-2009, CP-51-CR-0014936-2010 BEFORE: BOWES, GANTMAN and MUSMANNO, JJ. MEMORANDUM BY MUSMANNO, J.: FILED MAY 08, 2013 David Diblasi ( Diblasi ) appeals from the judgment of sentence imposed following his guilty plea to possession with intent to deliver a controlled substance, aggravated assault, and simple assault. See 35 P.S. § 780-113(a)(30); 18 Pa.C.S.A. §§ 2702(a), 2701(a). We affirm. The trial court has set forth the relevant underlying factual and procedural history in its Opinion, which we adopt for the purpose of this appeal. See Trial Court Opinion, 9/21/12, at 1-4. On appeal, Diblasi raises the following question for our review: Whether the trial court abused its discretion by denying [Diblasi s] Motion to Withdraw Guilty Plea[?] Brief for Appellant at 4. Diblasi contends that he did not voluntarily enter his guilty plea. Id. at 9, 10. Diblasi argues that he was forced to enter the plea because he J-S13033-13 would have been immediately paroled, which would allow him to care for his ailing mother. Id. at 9. Diblasi asserts that he wished to maintain his innocence, but did not want his mother to pass away while he was in prison. Id. The trial court has set forth the relevant law, addressed Diblasi s contention, and determined that it is without merit. See Trial Court Opinion, 9/21/12, at 4-9; see also Written Plea Colloquy, 4/30/12, at 1-41 (wherein Diblasi stated that, inter alia, he understood the English language and was not under the influence of drugs or alcohol; the charges against him; the maximum penalties of the charges; that he was foregoing certain rights, waiving any possible defenses; the factual basis of the crimes in question; and admitted that he committed the crimes); N.T., 4/30/12, at 2-13. We adopt the sound reasoning of the trial court for the purpose of this appeal and conclude that Diblasi knowingly and voluntarily pled guilty. See Trial Court Opinion, 9/21/12, at 4-9; see also Commonwealth v. Yeomans, 24 A.3d 1044, 1047 (Pa. Super. 2011) (stating that a person who elects to plead guilty is bound by the statements he made during the plea colloquy and may not later assert grounds for withdrawing the plea which contradict those statements). Judgment of sentence affirmed. 1 Diblasi filled out a separate Written Plea Colloquy for each of the abovementioned crimes. -2- J-S13033-13 Judgment Entered. Prothonotary Date: 5/8/2013 -3-
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