Loading...
2019-01-22 - Dispositions r\ IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA—FRANKLIN COUNTY BRANCH COMMONWEALTH OF PENNSYLVANIA Criminal Action No. 2072-2016,Ct.1 vs. Charge: Murder of the First Degree (H1); Ct. 2 Aggravated Assault(F 1); Ct. 3 Robbery of Motor Adiel Frometa Sanchez Vehicle(F1); Ct. 4 Theft by Unlawful Taking(F3) Attorney: C. Bogner District Attorney: M. Fogal ORDER January 22, 2019 , the Court finds that the defendant has voluntarily and understandingly offered to enter a plea of IN guilty and/or ❑nolo contendere to the above charge(s)and the plea is accepted and defendant has entered the plea in writing on the information. If not incarcerated,the Defendant shall report to the Probation Office location on the 3rd Floor of the Franklin County Courthouse immediately following these proceedings. O The defendant shall undergo a CRN assessment before sentencing. The cost of the assessment shall be paid by the defendant. Ei ❑ The defendant shall undergo a drug and alcohol assessment before sentencing. A cony of the Drug and Alcohol assessment shall be provided to the Probation Department by the defendant or defense counsel, 10 days prior to sentencing,to be made part of the Pre-Sentence report. The cost of the assessment shall be paid by the defendant. O Defendant and/or Counsel have requested sentencing be imposed this date. ❑ The Court finds the Defendant and/or Counsel have waived the preparation of a presentence investigation report and/or any CRN or drug and alcohol assessment or evaluation. The Court finds a ► presentence investigative report; 0 mini presentence investigation report; 0 sentencing memo; 0 DUI sentencing sheet; 0 fines and costs sheet is required. The report/memo shall be prepared by the Franklin County Probation and Parole Department. Sentencing is deferred until 8:30 a.m. on March 15, 2019 before the undersigned. ❑ Sentencing is deferred until notification from the Pa. Dept. of Corrections as to the defendant's eligibility for the SIP Program. ❑ The Defendant shall surrender his or her driver's license or complete a DL16 PennDOT affidavit and file it with the Clerk of Courts. ❑ On the Court's own motion,the Defendant's bail is modified to include the above requirements as conditions of bail. ��n��qt Q� ❑ Other: J A t.-2_2 21) --- Filed B Court J. Jerk Distribution: Original Signed by Judge/Clerk of Courts Court Admin,District Attorney,Defendant,Defendant Attorney,Adult Probation r"--- COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF THE 39TH : JUDICIAL DISTRICT, PENNSYLVANIA : FRANKLIN COUNTY BRANCH vs. : Criminal action a 1C kcxe CATAx\wiT C,��� . No.��2of �C�\ NUMBER OFFENSE MAXIMUM PENALTY MANDATORY MINIMUM PENALTY - ( I ) 1 1 $250 cstx5 yrs. $ ( 2 ) 20 yrs. $ ��00 yrs. $ - ( 3 ) ' F1> yrs. $ dcro yrs. $ - ( 1.1 ) l c -- C , cl yrs. $`� Yrs. $ - ( ) yrs. $ Yrs. $ - ( ) yrs. $ Yrs. $ - ( ) yrs. $ Yrs. $ - ( ) yrs. $ Yrs. $ - ( ) yrs. $ yrs. $ ( ) yrs. $ yrs. $ ( ) yrs. $ Yrs- $ - ( ) yrs. $ yrs. $ - ( ) yrs. $ Yrs. $ - ( ) yrs. $ yrs. $ - ( ) yrs. $ yrs. $ - ( ) yrs. $ yrs. $ - ( ) yrs. $ yrs. $ ( ) yrs. $ yrs. $ - ( ) yrs. $ Yrs. $ ( ) yrs. $ Yrs. $ - ( ) yrs. $ Yrs. $ - ( ) yrs. $ Yrs. $ Initial Ae-e/r. `5 . Original-Clerk of Courts Copy 1 -Probation Copy 2-Defendant Copy 3-DA PLEA AGREEMENT The defendant agrees to enter pleas • guilt nolo contendere to the following charges: atiW*-S A__ , \v-nut 24, The defendant further agrees to make restitution on all charges to which pleas of guilty and/or nolo contendere are entered and on nol prossed charges as follows: Total Restitution I to be determined by probation The defendant agrees to the following additional terms of this ple agreement: br 1 5er\ e-inCe, A -4\-& &-.50--V4 411 , 039,. --E. The total m ximum penalty on the charges to which the defendant is pleading guilty/nolo contendere is \\Q -deeps and/or $ ?3 °t' ' fine. GUILTY/NOLO CONTENDERE PLEA COLLOQUY You are present before this Court because you or your attorney have stated that you wish to plead guilty/nolo contendere to some or all of the criminal offenses with which you have been charged. Please answer fully all of the questions in this document. If you do not understand any explanation given to you in this document, put an "X" in the blank space provided after the question. If you do understand the question, you should write "yes" or "no". None of the lines should be left blank. After you have finished reading this form and filling it out, you should sign and date page 5. You should also initial each page at the bottom, but only if you have read and have understood that page. If there is anything that you do not understand, you should say so in writing on this form. You should also tell your attorney and the judge who hears your case, so that they can explain it to you fully, to make sure that you understand all your rights. Most of the questions are designed to be answered "yes" or "no." Give full information in answer to questions 1, 2, and 3. Initial k 6r ,) Original - Clerk of Courts Copy 1 - Probation Copy 2 - Defendant Copy 3 - DA 1. Print your full name and address: PA\jt.\eA L-5zicJ4ez Name Street Address / A -5- F 11 /V City, State, Zip Code 2. How old are you? 11 Pat 7 3. How far did you go in school? I t L c 4. Can you read, write and understand the English language? ran I OL 5. By pleading guilty, you are giving up certain constitutional rights (a) The right to a jury trial. Twelve citizens of Franklin County—whom you help select- listen to the facts, and, based on the evidence, decide your guilt or innocence. In order to convict you, all twelve jurors must agree that you are guilty beyond a reasonable doubt of each and every element of the crimes charged. In order to return a verdict of not guilty, all twelve jurors must agree with that verdict also. (b) The right to a non-jury trial. This means that the Judge hears the facts and must be convinced of your guilt beyond a reasonable doubt. Do you understand that by pleading guilty, you are giving up the right to either a jury or non-jury trial? t-t-4 6. In either a jury or non-jury trial, you have the following rights: (a) Presumption of innocence—You are presumed innocent, that is not guilty, until the Commonwealth proves you guilty beyond a reasonable doubt. This is a heavy burden on the Commonwealth. (b) Right to file pretrial motions—By pleading guilty you give up the right to file pretrial motions or if you have already filed such motions you give up the right to have the Court rule on them. Initial A•r•S . 3. (c) The right to cross-examine all Commonwealth witnesses. (d) The right to present evidence on your behalf. (e) The right to testify on your own behalf; however, you cannot be forced to testify and if you choose not to, it cannot be used against you. When you plead guilty, you give up all of the above rights. Do you understand this? I `}1j. 7. Do you realize that by pleading guilty you are waiving any possible defense that you or your attorney think may be applicable in your case? 8. If you plead guilty within 10 days of sentencing you may file a motion to withdraw your guilty plea or to modify your sentence. If these motions are denied, you may appeal to the Superior Court of Pennsylvania, but the only issues you can raise on appeal are the voluntariness of your plea, the jurisdiction of the court and legality of your sentence. Do you understand? 9. You have been charged with the crimes listed on page 1. of this colloquy and have agreed to plead guilty to one or more of them: (a) Do you understand the nature of the charges to which you are pleading guilty? _____*L____ (b) Do you understand the maximum penalties that could be imposed on those charges? 10. Are you represented by an attorney? ail 11. If you do not have an attorney or find you cannot afford to retain private counsel, you have the right to apply for a Court appointed attorney and if the Court finds you are unable to afford an attorney, one will be appointed to represent you free and without charge. That attorney would represent you at trial, could file and argue post-trial motions and represent you on appeal if you desire to go that far. Do you understand? ` /) Initial A•4T S • 4. 12. Have you had an adequate opportunity to discuss the case and the elements of the crimes charged with your attorney or member of their staff? `jcI-)`'Q 13. Has your attorney failed to do anything you wanted done? Op 14. Has your attorney done anything you do not approve of? N 0 j-k15. Are you satisfied with your attorney's representation? 16. Are you under the influence of drugs or alcohol at the present time? P O 17. Other than any plea agreement that may have been reached, have any threats or promises been made to you to persuade you to enter a plea of guilty? N O 18. If there is a plea agreement, do you understand that the Judge is not bound to accept the agreement? L-A'a..J---D 1)/ 19. Do you understand that if the Court rejects the plea agreement, you may change your mind and (IAwithdraw your guilty plea? `�� 1_ 20. Do you understand that if you plead guilty, you may be sentenced by any Judge? 21. If you plead guilty to any of the following offenses you will be subject to a driver's license suspension by PennDOT, who will provide notice within 60 days of sentencing: 75 Pa.C.S. §3341(b)(1) & (b)(2) 75 Pa.C.S. §3345(a) 75 Pa.C.S. §1371 75 Pa.C.S. §1501(a) 75 Pa.C.S. §1543(a) 75 Pa.C.S. §1543(b)(1) 75 Pa.C.S. §1543(b)(1.1) 75 Pa.C.S. §1575(a) 75 Pa.C.S. §1785 75 Pa.C.S. §1786(a) 75 Pa.C.S. §1786(f) 75 Pa.C.S. §3327(a)(1) & (a)(2) 75 Pa.C.S. §3367 75 Pa.C.S. §3714(b) & (c) 75 Pa.C.S. §3717(c) & (d) 75 Pa.C.S. §3718 75 Pa.C.S. §3732 75 Pa.C.S. §3733 75 Pa.C.S. §3734 75 Pa.C.S. §3735 75 Pa.C.S. §3735.1 75 Pa.C.S. §3736 75 Pa.C.S. §3742(a) & (b)(2, 3) 75 Pa.C.S. §3742.1(a) & (b)(2) 75 Pa.C.S. §3743 75 Pa.C.S. §3746(a) 75 Pa.C.S. §7122 75 Pa.C.S. §7122(3) 75 Pa.C.S. §3802(a) [for 2nd and subsequent offenses] 75 Pa.C.S. §3802(b) 75 Pa.C.S. §3802(c) 35 Pa.C.S. §780-113(a)(16) 35 Pa.C.S. §780-113(a)(30) 35 Pa.C.S. §780-113(a)(31) 5. 22. Are you satisfied that your guilty plea is voluntary and is in your best interest? 23. How do you wish to ple d? Guilty I affirm that I have read the above documents in its entirety and I understand its full meaning, and I wish to enter a plea of guilty to the offense or offenses specified. I also affirm that my answers are true and correct with the understanding that any false statements or answers herein are made subject to the penalties of 4904 of the Crimes Code (18 Pa. C.S.) relating to unsworn falsification to authorities. Furthermore, I knowingly and intelligently allow my Pre-Sentence Report and other Court related documents, to be disseminated electronically via e-mail, Fax and or other means,to any and all Court & Criminal Justice entities and my attorney, requiring this information. Date: b I 22 ici Defendant Initial /\ .F .5 6. • ) -ter, Esquire, attorneyfor the above named defendant, {I�-�d q � state that I have advised my client oft e contents and meaning of this document that it is my belief that he/she comprehends and understands what is set forth above and that the defendant understands what he/she is doing by pleading guilty. Attor y for Defend nt Approved by: District Attorney Initial IV,S 7. INFORMATION IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FRANKLIN COUNTY 39TH JUDICIAL DISTRICT OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA : NO. CP-28-CR-0002072-2016 VS. . Pros: Detective Todd L Baker Chambersburg Police Dept Adiel Sanchez-Frometa . COUNT 1: Murder Of The First Degree - (Murder 1st Degree) THE DISTRICT ATTORNEY OF FRANKLIN COUNTY, by this Information charges that on or about Friday, the 18th day of November, 2016, in the said County of FRANKLIN, Adiel Sanchez-Frometa, did: commit the offense of criminal homicide constituing murder in the first degree by intentionally causing the death of Anthony Hernandez, another human being, in violation of Section 2501 and Section 2502(a) of the Pennsylvania Crimes Code,Act of December 6, 1972, 18 Pa.C.S. §2501 and §2502(a),as amended. Citation of Statute and Section: 18 Pa.C.S§ 2502(a) All of which is against the Act of Assembly and the peace and dignity of the Commonwealth of Pennsylvania. adh56) 1) O 9 2017 MATTHEW D. FOGAL Attorney for the Commonwealth �- 1/1 A { Clerk t PLEA I,the Defendant in the above criminal action plead N o T guilty ________-__ l S7 \/tb iZ-0l7 C —� Date Attorney for the Defendant Defendant The previous pl-a f not guilty is hereby withdrawn and a plea of • �� is hereby entered to A . i Date Attorney or the D• .- De endant INFORMATION IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FRANKLIN COUNTY 39TH JUDICIAL DISTRICT OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA : NO. CP-28-CR-0002072-2016 VS. . Pros: Detective Todd L Baker Chambersburg Police Dept Adiel Sanchez-Frometa COUNT 2; Aggravated Assault- (Felony 1st Degree) THE DISTRICT ATTORNEY OF FRANKLIN COUNTY, by this Information charges that on or about Friday, the 18th day of November, 2016, in the said County of FRANKLIN,Adiel Sanchez-Frometa, did: attempt to cause serious bodily injury to Anthony Hernandez or cause such injury intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life, in violation of Section 2702(a)(1) of the Pennsylvania Crimes Code, Act of December 6, 1972, 18 Pa.C.S. §2702(a)(1), as amended. Citation of Statute and Section: 18 Pa.C.S § 2702(a)(1) All of which is against the Act of Assembly and the peace and dignity of the Commonwealth of Pennsylvania. ( _p MATTHEW D. FOGAL M4 U 9 'z0 7 Attorney for the Commonwealth L-= � r lerk PLEA I,the Defendant in the above criminal action plead N.01 guilty c \/tc(2o i Date Attorney for the Defendant Defendant The previous p ea of not guilty is hereby withdrawn and a plea of is hereby entered to ea, thAqi/X -/-": '- Date Attor ey for the of da Defendant INFORMATION IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FRANKLIN COUNTY 39TH JUDICIAL DISTRICT OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA : NO. CP-28-CR-0002072-2016 VS. . Pros: Detective Todd L Baker Chambersburg Police Dept Adiel Sanchez-Frometa COUNT 3: Robbery Of Motor Vehicle - (Felony 1st Degree) THE DISTRICT ATTORNEY OF FRANKLIN COUNTY, by this Information charges that on or about Friday,the 18th day of November, 2016, in the said County of FRANKLIN,Adiel Sanchez-Frometa, did: steal or take a motor vehicle from another person in the presence of that person or any other person in lawful possession of the motor vehicle, in violation of Section 3702 of the Pennsylvania Crimes Code,Act 28 of June 8, 1993, 18 Pa. C.S. §3702(a), as amended. Citation of Statute and Section: 18 Pa.C.S § 3702(a) All of which is against the Act of Assembly and the peace and dignity of the Commonwealth of Pennsylvania. (LA- ",1 0 13 .1917 MATTHEW D. FOGAL Attorney for the Commonwealth Clek PLEA I, the Defendant in the above criminal action plead t\IUi- guilty, li(D(2-0/ Date Attorney for the Defendant Defendant The previous p1•. ()Opt guilty is hereby withdrawn and a plea of_ r‘ k-cy is hereby entered to I IT* Date Attorne or the Defe: • : e endant INFORMATION IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FRANKLIN COUNTY 39TH JUDICIAL DISTRICT OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA : NO. CP-28-CR-0002072-2016 VS. . Pros: Detective Todd L Baker Chambersburg Police Dept Adiel Sanchez-Frameta COUNT 4: Theft By Unlaw Taking-Movable Prop - (Felony 3rd Degree) THE DISTRICT ATTORNEY OF FRANKLIN COUNTY, by this Information charges that on or about Friday,the 18th day of November,2016, in the said County of FRANKLIN, Adiel Sanchez-Frometa, did: unlawfully take or exercise unlawful control over an automobile,airplane, motorcycle, motorboat or other motor-propelled vehicle, namely, a 1999 Ford F250, belonging to Anthony Hernandez,with the intent to deprive the owner thereof, in violation of Section 3921(a) and Section 3902(a.1) of the Pennsylvania Crimes Code,Act of December 6, 1972, 18 Pa.C.S. §3921(a) and §3903(a.1), as amended. Citation of Statute and Section: 18 Pa.C.S§ 3921(a) All of which is against the Act of Assembly and the peace and dignity of the Commonwealth of Pennsylvania. 94c: 2 MATTHEW D. FOGAL JAN 0 2011 Attorney for the Commonwealth krtf' 1/4/ Clerk i\ PLEA r I,the Defendant in the above criminal action plead o guilty (((otilio —c __----- Date Attorney for the Defendant Defendant previousThe p A lea f n t guilty is hereby wi wn and a plea of is hereby entered to A\d-Lj. Date Attorn for the D ndant Defendant