Com. v. Montalvo, R. (memorandum)

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J-S34022-15 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee v. ROBERTO MONTALVO Appellant No. 1652 MDA 2014 Appeal from the PCRA Order August 28, 2014 In the Court of Common Pleas of Lebanon County Criminal Division at No(s): CP-38-CR-0001253-2011 BEFORE: BOWES, J., OTT, J., and STABILE, J. MEMORANDUM BY OTT, J.: FILED SEPTEMBER 09, 2015 Roberto Montalvo appeals from the order entered on August 28, 2014, in the Court of Common Pleas of Lebanon County denying him relief on his petition filed pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S. § 9541 et seq. In his underlying trial, Montalvo was convicted of a variety of crimes associated with the sexual assault of a minor as well as a variety of drug charges related to the police having discovered 51 grams of cocaine and 28 grams of marijuana hidden in Montalvo’s apartment. Montalvo received an aggregate sentence of ten years, three months to thirty-two years’ incarceration. In this timely appeal, Montalvo raises three issues, J-S34022-15 none of which is meritorious.1 We affirm based upon the sound analysis of the PCRA court’s 1925(a) opinion, dated November 4, 2014. Our standard of review for this matter is well settled. This Court's standard of review regarding an order granting or denying a petition under the PCRA is whether the determination of the PCRA court is supported by the evidence of record and is free of legal error. Commonwealth v. Ragan, 592 Pa. 217, 923 A.2d 1169, 1170 (2007). The PCRA court's findings will not be disturbed unless there is no support for the findings in the certified record. Commonwealth v. Carr, 768 A.2d 1164, 1166 (Pa.Super.2001). “However, this Court applies a de novo standard of review to the PCRA court's legal conclusions.” Commonwealth v. Spotz, 610 Pa. 17, 18 A.3d 244, 259 (2011). Com. v. Cristina, 114 A.3d 419, 421 (Pa. Super. 2015) The facts and procedural history of this matter are thoroughly recounted in the PCRA court’s opinion, and do not need to be restated herein.2 Montalvo has raised three issues in this appeal. They are: 1) Was trial counsel’s failure to (A) interview proffered character witnesses and (B) eyewitnesses, (C) to [sic] seek to impeach the complainant, or (D) to [sic] file a pre-trial motion “ineffective assistance” such that the trial court erred in failing to make this finding? 2) Did the Court abuse its discretion in finding that the plea offer was properly communicated to [Montalvo]? 3) Was [Montalvo’s] right to trial by jury compromised under these circumstances? ____________________________________________ 1 Montalvo’s first issue contained four subparts. 2 Montalvo was denied relief in his direct appeal at Commonwealth v. Montalvo, 82 A.3d 467 (Pa. Super. 2013) (unpublished memorandum). -2- J-S34022-15 Montalvo’s Brief at 5. As noted above, the PCRA court has thoroughly addressed all the properly preserved claims in its Pa.R.A.P. 1925(a) opinion. We rely upon that analysis in denying Montalvo relief. We write separately to note that two of the four sub-issues raised in this appeal were not in the amended PCRA petition filed by counsel nor were they argued before the PCRA court at the August 28, 2014 PCRA hearing. The two issues are 1(B) and (D), as listed in the Appellant’s Brief, supra. Because neither claim was presented to or developed before the PCRA court, they have been waived.3 See Commonwealth v. Knox, 105 A.3d 1194, 1199 (Pa. 2014) (Issues not raised before the lower court are waived and cannot be raised for the time on appeal.) The parties are directed to attach a copy of the PCRA court’s November 4, 2014 Pa.R.A.P. 1925(a) opinion in the event of further proceedings. ____________________________________________ 3 At the beginning of the PCRA hearing, Judge Bradford H. Charles asked counsel to identify all the issues Montalvo wished to pursue. See N.T. PCRA Hearing, 8/28/2014, at 4. As noted, these issues were not identified or argued. -3- J-S34022-15 Order affirmed. Judgment Entered. Joseph D. Seletyn, Esq. Prothonotary Date: 9/9/2015 -4- Circulated 08/14/2015 03:37 PM : '' ··. IN THE COU~T .e,nMMrl<i·~~EAS LEBANON COUNTY · ·· PE·NN.SYLVANIA u A 1\i Zb I lU\'c~MINAL DIVISION e~~R~:.9f~i?~lS 'LB~:1*'~-~ ,-'· ... COMMONWEAL TH OF PENNSYLVANIA NO. CP-38-CR-1253-2011 v. ROBERTO MONTALVO APPEARANCES . t. Megan Ryland-Tanner, Esquire DISTRICT ATTORNEY'S OFFICE For Commonwealth of Pennsylvania John Gragson, Esquire For Robertc Montalvo OPINION BY CHARLES. J .• Novemb!3r 4. 2014 Roberto Montalvo (hereafter Post-Conviction Relief on June 13, "DEFENDANT") a Petition 2014, after which we concluded his averments were wholly meritless. Petition filed When we denied for that DEFENDANT's In an Order dated August 28, 2014, DEFENDANT appealed our We author today's Opinion in support of our conclusion that decision. DEFENDANT received throughout his effective assistance proceedings, of counsel at his trial and and is therefore conviction relief. .A 1 not entitled to post- Circulated 08/14/2015 03:37 PM I. ....... FACTS On September 13, 2011, DEFENDANT was charged with multiple sexual assault and drug charges stemming from incidents that occurred from June 18, 2011 to.June 21, 2011. On June 21, 2011, a 17-year old male (hereafter "A.T.") reported that he was sexually assaulted by a man he knew as Roberto. He identified Roberto as DEFENDANT. A.T. reported that he knew DEFENDANT for approximately three or four months. He stated that he went to DEFENDANT's house on either -June 18 or June 19 of 2011, and stayed with him until June 21, 2011. · He reported that during the overnight hours of June 20, 2011 into June 21, 2011, DEFENDANT supplied him with beer and cocaine. He claimed that he consumed approximately 12 beers and used cocaine with DEFENDANT. A.T. stated that while he was under the influence of alcohol and drugs, DEFENDANT grabbed him and removed his clothing. He reported that DEFENDANT licked his genitals and anal area, inserted A.T.'s penis into his mouth, and inserted his penis into A.T.'s anus and mouth. DEFENDANT also directed A.T. to touch his penis with his hand. He told DEFENDANT that he did not want to do these acts, but DEFENDANT told him to put a pillow over his face and "pretend he was with a woman." A.T.'s parents transported him to the Good Samaritan Hospital, where he was inspected by SAFE Nurse Vanessa Smith. observed tears to A. T's anus. The nurse She performed a rape kit examination A 2 Circulated 08/14/2015 03:37 PM (Exh. 28), which indicated the presence of semen in A.T.'s anus. The parties stipulated that the DNA profile rendered from the rape kit test reflected a mixture of DNA "made up of [A.T.J N.T. p. 65. The stipulation further set forth that the probability randomly selecting an unrelated individual possessed quintillion from was "approximately population; approximately sextillion from the African American population; from the Hispanic population." of other than DEFENDANT who the DNA type he examined the Caucasian and Roberto Montalvo." 1 in 61 in 3.3 1 and 1 in 27 quintillion N.T. p. 65; Exh. ·3, ·• « : • • Officers with the Lebanon City Police Department were called to the hospital in order to interview A.T. As a result of the Interview, a search warrant was obtained for DEFENDANT's residence, located at 1421 Willow Street, Apt. 3, Lebanon, PA 17046. The purpose of the search warrant was to look for evidence related to the sexual assault described by A.T. The search was conducted by Detective Keith Ulrich and Detective Jonathan Hess on June encountered Lopez. 21, 2011. In the residence, DEFENDANT and an individual During the search, the police cocaine, crack-cocaine, by the name of Miguel located what appeared to be marijuana, and drug paraphernalia. drugs were found hidden in the ceiling of the apartment: small street delivery-sized as a digital scale. the officers Most of the Additionally, baggies were found in the apartment, as well Ultimately. 51 grams of cocaine were located within /< 3 Circulated 08/14/2015 03:37 PM DEFENDANT's and $5,000.00. apartment, with an estimated value between $4, 1 oo.oo Officers also retrieved 28 grams of marijuana behind a ceiling tile. Attorney Elizabeth Judd (hereafter "TRIAL COUNSEL") of the Lebanon County Public Defender's Office was appointed to represent DEFENDANT at his trial. His trial was conducted on February 9 and 1 O of 2012, after which a jury rendered the following verdicts: Count Offense Verdict 1 Sexual Assault Guilty 2 Sexual Assault Guilty 3 Possession with Intent to Deliver Cocaine - In Excess of 1 O Grams Guilty Guilty 4 Conspiracy to Commit Possession with Intent to Deliver Cocaine - In Excess of 10 Grams 5 Possession Marijuana Deliver Not Guilty Not Guilty 6 Conspiracy to Commit Possession with Intent to Deliver Marijuana 7 Indecent Assault Guilty 8 Corruption of Minors Guilty 9 Possession of Cocaine Guilty 10 Conspiracy to Possess Cocaine Guilty 11 Possession of Marijuana Guilty 12 Conspiracy to Possess Marijuana Guilty 13 Possession of Drug Paraphernalia Guilty with Intent _A to 4 Circulated 08/14/2015 03:37 PM 14 Conspiracy to Commit Drug Paraphernalia 15 Furnishing of Conflict Ferry to represent sentenced Counsel, DEFENDANT DEFENDANT to 32 years Guilty Conflict counsel Attorney Motion John On Ma.y 2, 2012, we sentence of 1 O years 3 months for DEFENDANT That sarneday, filed Post- DEFENDANT filed a petition with this Court, requesting an extension of time to file his Post-Sentence Motions, Motions. we denied Noting that his attorney already filed these DEFENDANT's DEFENDANT's Post-Sentence 2012. and we appointed to an. aggregate in prison. TRIAL COUNSEL's al his sentencing. Sentence Motions on May 14, 20·12. prose Not Guilty Alcohol to Minor On March 27, 2012, this Court granted for Appointment of Possession request. We ultimately denied Motions in an Order dated October 15, DEFENDANT appealed to the Superior Court on November 9, 2012, and the Superior Court affirmed our judgment of sentence on June 21, 2013. On April 10, 2014, DEFENDANT filed a Petition for Post-Conviction Relief, alleging ineffective assistance of counsel. He claimed that TRIAL COUNSEL: (1) Did not meet with DEFENDANT and did not fully discuss his case with him; (2) Did not advise him of a plea offer and discuss said offer with him; Circulated 08/14/2015 03:37 PM (3) Denied him the use of an interpreter; (4) Denied him the right to help pick a jury in his case; (5) Failed to impeach the victim with his prior criminal (6) Ref used to call the following witnesses, and willing to be called as character (a) Hearing, were meritless, Petition. II. at trial witnesses: Ms. Edme Alvarado After who were present Ms. Ana Cruz (b) record; and this Court concluded that DEFENDANT's averments and we Issued an ·Orde·r on August 28, 2014 denyrn·g DEFENDANT filed this appeal on September hls' 29, 2014. THE POST-CONV.ICTION RELIEF ACT The Post-Conviction Relief Act (PCRA) provides for an action by which innocent persons convicted of crimes that they did not commit and persons serving illegal sentences can obtain relief. 42 Pa.C.S. The PCRA is the exclusive method by which collateral obtained in Pennsylvania. 1250 (Pa. 1999). § 9542. relief may be Commonwealth v. Chester, 733 A.2d 1242, To be eligible for relief under the PCRA, a defendant must prove the following elements by a preponderance of the evidence: (1) He must.prove that he has been convicted of a crime under the laws of this Commonwealth and that he is serving a sentence of imprisonment, probation or parole for a crime; (2) he must prove that the conviction resulted from one of the enumerated errors listed in § 9543(a)(2); (3) he must prove that the allegation of error has not been previously litigated or /:Y 6 - ------------ - Circulated 08/14/2015 03:37 PM waived; and (4) he must prove that the failure to litigate the issue prior to or during trial could not have been the result of any rational, strategic or tactical decision by counsel. 42 Pa.C.S. When a claim ·§ 9543(a). of ineffective assistance of counsel is raised, additional principles apply. Trial counsel is presumed to be effective, and the Defendant bears the burden of proving otherwise. Commonwealth Lewis, 708 A.2d 497 (Pa.Super. 1998); Commonwealth v. v. Williams, 570 In order for a petiti.one r to establish a claim of A.2d 75 (Pa. 1990). ineffectiveness of counsel, he 'must satisfy a three· prong test set forth by the Pennsylvania Supreme Court in Commonwealth v. Pierce, 527 A.2d 973 (Pa. 1987). The Defendant must demonstrate that: (1) the underlying claim is of arguable merit; (2) counsel's particular course of conduct did not have some reasonable basis designed to effectuate the petitioner's interests; and (3) but for counsel's ineffectiveness, a reasonable probability exists that the outcome of the proceeding would have been different. Commonwealth· v. Pierce, 527 A.2d 973 (Pa. 1987). If the claim is without arguable merit, the Court's inquiry ends, because counsel cannot be deemed ineffective Commonwealth Ill. for failing to pursue a meritless issue. v. DIN/cola, 751 A.2d 197, 198 (Pa.Super. 2000). DISCUSSION We note at the outset that shortly after his first meeting with TRIAL COUNSEL, DEFENDANT began petitioning this Court without TRIAL COUNSEL'S .knowledge. On August 26, 2011, DEFENDANT signed a .It 7 Circulated 08/14/2015 03:37 PM Waiver of Preliminary Hearing.' Despite this waiver, DEFENDANT filed a pro se Motion on September 15, 2011, which he self-titled "Appeal of Imposed Waiver of Preliminary Hearing." Therein, he complained about TRIAL COUNSEL and lamented that she "took unwarranted advantage of [DEFENDANT's] Inability language". to speak, read, and understand the English DEFENDANT remained difficult throughout the proceedings, and it therefore comes as no surprise to us that he files this rnerltless appeal today by which he blames his conviction on TRIAL COUNSEL. A. TRIAL COUNSEL did not meet with DEFENDANT and fully discuss the case with him. · DEFENDANT initially argues that TRIAL COUNSEL "never met with him," and that she did not fully discuss his case with him so that he could be fully informed of his circumstances and options. After review of the documentation and in light of the Hearing testimony, we conclude that this averment is meritless. At his Hearing, DEFENDANT testified that he met with his lawyer twice in prison, and discussed the case with. her one time before trial. He claimed that TRIAL COUNSEL "never DEFENDANT later .testified December 20. that They discussed witnesses, and the plea bargain. met with me." he met with TRIAL However, COUNSEL on· what he knew about the victim, other On cross examination, that he met with TRIAL COUNSEL "two times." fg he explained He testified that the first Circulated 08/14/2015 03:37 PM meeting lasted approximately approximate 5-1 O minutes. TRIAL COUNSEL explained 15 minutes, and the second meeting lasted referenced her notes and scheduling that she met wlth DEFENDANT scheduling record indicates met with DEFENDANT COUNSEL 13, 2011, discussed DEFENDANT While testimony many times he and TRIAL COUNSEL based correspondence, her which times and discussed chronology that TRIAL COUNSEL statements on July she discussed 20, 2011 meeting, the trial strategy. TRIAL on October a letter on December was unclear indicate that on she matters scheduling met with 27, 2011 and prepare adequate DEFENDANT'S ,l\ 9 to how his case, TRIAL DEFENDANT and four We find TRIAL We therefore·conclude time to discuss case for trial. to the contrary are simply not supported respect records of his case. of events to be credible. allotted with met and discussed testimony the pertinent COUNSEL's DEFENDANT The discovery. DEFENDANT's COUNSEL and When TRIAL a copy of his discovery and later mailed DEFENDANT with supplemental 20, 2011, At their December and TRIAL COUNSEL first mailed that bail be reduced. on November the plea offer with DEFENDANT. · DEFENDANT before trial. that she first met with DEFENDANT 18, 2011, at which time he requested COUNSEL four times record, the case with DEFENDANT'S by the record. Circulated 08/14/2015 03:37 PM B. TRIAL COUNSEC did not advise 'DEFENDANT of a plea offer and discuss said offer with him. DEFENDANT claims that TRIAL COUNSEL DEFENDANT of the possibility of a plea agreement. did not advise DEFENDANT was ultimately sentenced to 10 years and 3 months to 32 years in prison. DEFENDANT claims that he did not realize that there was a plea offer available to him, pursuant to which he would serve 8 to 20 years in prison in lieu of taking the matter to trial. He argues that TRIAL . COUNSEL did not inform ... him . of this .agreement, and that she. ... ,.... .. should . _ _ .... .• . ,. have explained all possibilities and circumstances to him so he could make an informed decision of whether he wanted to take his case to trial or plead. TRIAL COUNSEL tells COUNSEL, DEFENDANT a different story. According to TRIAL claimed that there was no sexual contact between the victim and him, and that he insisted on going to trial even after .TRIAL COUNSEL explained the plea offer to him. After the DNA test indicated the presence of DEFENDANT's bodily fluids on the victim, TRIAL COUNSEL "explained at great length what this all meant." She explained the possibility of 10-20 years or more of prison if convicted, and she also imprisonment described pursuant to him the to the plea possibility agreement. of 8-20 years Despite the of DNA evidence, DEFENDANT insisted that he wanted to take the matter to trial. f\ 10 Circulated 08/14/2015 03:37 PM DEFENDANT's COUNSEL However, "never" communicated" the exhibits that DEFENDANT 2012. plea filings and .testimony TRIAL bargain plea and correspondence was aware COUNSEL's to the repeatedly DEFENDANT bargain as indicates early to that TRIAL DEFENDANT. from TRIAL COUNSEL of the plea offer testimony indicate as DEFENDANT's show at least by January of that ·She explained her initial meeting DEFENDANT on July 18, 2011. averments the evidence before us, and we find that TRIAL ·COUNSEL's the with conflict with testimony to .~. be cred·ible. • r, •• ,.. Because we conclude that DEFENDANT was aware of the Commonwealth's plea offer at least by January of 2012, we determine as a fact that DEFENDANT chose to reject the Commonwealth's plea offer and proceed to trial. DEFENDANT's argument therefore has no merit. C. TRIAL · COUNSEL denied Interpreter. DEFENDANT the use of an DEFENDANT argues that TRIAL COUNSEL denied him the use of an interpreter during his court proceedings. At the Hearing, DEFENDANT explained that an interpreter was not present at his initial meeting with TRIAL COUNSEL. However, he later testified that there was a translator present. for his second meeting, and he further mentioned that his translator was present with him at trial. We find that, other than the initial meeting at which DEFENDANT communicated with TRIAL COUNSEL /\ 11 in English, OEFENDANT was Circulated 08/14/2015 03:37 PM afforded an interpreter at all subsequent tor altot court his meetings proceedings, including instructive in support of this conclusion. COUNSEL wrote a two-page was "glad {DEFENDANT] language," and DEFENDANT minutes for that his trial. On September letter to DEFENDANT, clarified she was [his] by E is 12, 2011,· TRIAL explaining understanding "surprised" Exhibit and that she of the this English news because had written to her twice in English and spoke to her for 15 in English Public with TRIAL COUNSEL at the Preliminary Defender .servrces Hearing. · usin·g . an Additionally, English Spanish application was made available to [him]." he "applied application ... When a. She explained that in the future, she would communicate with him through a translator. Additionally, TRIAL COUNSEL testified that at her initial meeting with DEFENDANT, TRIAL COUNSEL was clearly under the impression that DEFENDANT conversation. provided spoke and understood However, in the interest DEFENDANT with an English based on their of caution, TRIAL COUNSEL interpreter through all subsequent proceedings at his request. We conclude that TRIAL COUNSEL followed through with her statement and provided a translator for DEFENDANT. The testimony and exhibits all clearly reveal that DEFENDANT had a translator through all proceedings except for his initial meeting present with TRIAL COUNS~L, during which time TRIAL COUNSEL was under the justified impression that DEFENDANT spoke sufficient English. } 12 DEFENDANT i Circulated 08/14/2015 03:37 PM .. ~ . . himself referred to his translator several times throughout his Hearing. To conclude that DEFENDANT was "denied the use of an interpreter" during his court proceedings would totally belie .the record of this case. As such, we find that this allegation is meritless. 0. TRIAL COUNSEL denied DEFENDANT the right to help pick a iury. . . DEFENDANT argues that he was denied the right to help participate In selecting the jurors. He testified that TRIAL COUNSEL and his interpreter- told him to ·"be ·quiet" _dl:Jting the voir-;di·,e process, and 'that some of the older Hispanic jurors could have helped him at his trial had they been selected. TRIAL COUNSEL is a skilled attorney who has tried hundreds of criminal cases in Lebanon County on both the prosecutorial and defense sides. Accordingly, TRIAL COUNSEL has extensive experience in the voir dire process. TRIAL COUNSEL recalled that DEFENDANT was agitated and combative during the jury selection process, and that she had to ask him to calm down. She feared that his client's agitated demeanor likely would not have helped him choose a favorable jury. cannot find TRIAL COUNSEL ineffective for telling We DEFENDANT to essentially "shut up" during th·e voir dire process. We conclude that DEFENDANT 'was agitated during jury selection. To the extent that he may not have actively participated in the voir dire process, that was his own fault and not the responsibility of TRIAL Circulated 08/14/2015 03:37 PM COUNSEL. At DEFENDANT from Accordingly, no . time .did having TRIAL input we ·cannot . find into ~OUNSEL the jury TRIAL COUNSEL hinder or prevent selection ineffective process. on these grounds. E. TRIAL COUNSEL failed to impeach the victim with his prior criminal record. DEFENDANT argues that TRIAL COUNSEL failed to impeach the victim. by presenting his prior criminal record to the Court. DEFENDANT explains ·that the· victim in this case was found in New York wiUf a gun, and that this was never reported in New York. He also explained that the victim was guilty of a theft or robbery in Lebanon, and that the victim's neighbor caught him selling drugs on camera. He argues that this information would have impeached the credibility of the victim. We note that. at no point did DEFENDANT testify that he relayed this information to TRIAL COUNSEL. A criminal background check of the victim indicated no criminal history. TRIAL COUNSEL indicated that she was not aware of these supposed charges, and that had DEFENDANT mentioned them, it might have been "helpful." Both TRIAL COUNSEL and DEFENDANT testified that they discussed what DEFENDANT knew of the victim prior to trial, and TRIAL COUNSEL testified that DEFENDANT did not mention these potential charges against the victim. The mere fact that DEFENDANT may have been aware of past allegedly (\ 14 Circulated 08/14/2015 03:37 PM I bad i acts committed by the victini does not create admissible impeachment evidence. Even _if TRIAL COUNSEL would have presented this Court with the victim's criminal record to impeach his credibility, we conclude that this would have had no bearing on the verdict. DEFENDANT's The DNA test indicated that DNA was present inside of the minor victim's anus. Additionally, pursuant to a valid search. police recovered large amounts of drugs and drug paraphernalia from DEFENDANT's home. We are confident that this strong evidence would have bsen-sutflctent for the jury to find DEFENDANT guilty even if the victim's prior bad acts would have been known and even if they would have been admissible. We conclude that TRIAL opportunity to provide information COUNSEL gave DEFENDANT the on the victim's criminal background. DEFENDANT failed to do so, and this failure does not in,pugn TRIAL COUNSEL's preparation for trial. DEFENDANT would have We further conclude that, even if provided TRIAL COUNSEL with information, it would have had no effect on the outcome of his trial. such As such, we cannot conclude that TRIAL COUNSEL was ineffective on these grounds. F. TRIAL COUNSEL refused to call character witnesses. Finally, DEFENDANT argues that he tried to tell TRIAL COUNSEL the names of the potential character witnesses. but she would not allow him to do so. DEFENDANT explained in his filings and his testimony that Circulated 08/14/2015 03:37 PM his character sexual witnesses. would .. have shown· that DEFENDANT predator. Because witnesses, DEFENDANT assistance TRIAL failed to call these of counsel. The character witnesses merely communicated sexual predator. argues COUNSEL was not ·a that she provided · him with ineffective· proffered the self-serving Such testlmony would not have been admissible by DEFENDANT opinion would that DEFENDANT is not proper character at trial (.see Pa.R.·E. have is not a evidence and 404, "[e]vidence of a person's character-or ·character trait is not admissible to prove- that ·on a particular occasion the person acted in accordance with the character or trait"). Additionally, we do not see how testimony suggesting that Miguel Lopez was only residing with DEFENDANT for a short time would have affected the outcome of DEFENDANT's case. TRIAL COUNSEL stated that the information to which DEFENDANT's character witnesses would have testified was improper . . and they would not have been able to testify. It is for this reason that she did not exchange contact information with them. We believe that TRIAL COUNSEL came to the appropriate conclusion. Accordingly, we will not declare her to be Ineffective. IV. CONCLUSION Frankly, DEFENDANT must realize that it was his own actions that brought him into his prison cell today. In addition to everything outlined above, this Court cannot forget that DEFENDANT'S DNA was found Circulated 08/14/2015 03:37 PM within semen located current protestation· that his conviction is both legally evidence on the body of the minor victim. unsupportable take responsibility was the fault of TRIAL COUNSEL and completely that was presented against DEFENDANT'S contrary him at trial. for his wrongdoings to the mountain DEFENDANT and stop blaming of must now others for his current incarceration. Having determined reject his arguments Court Order ·will file to the Superior that DEFENDANT's and conclude be entered are meritless, we that his appeal should be denied. A on today's Court for their review. allegations date to 'transmlt DEFENDANT's

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