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Commonwealth v. Rounsley5/11/1998
that after a defendant has entered a plea of guilty, the only cognizable issues in a post conviction proceeding are the validity of the plea of guilty and the legality of the sentence. Commonwealth v. Martinez, 539 A.2d 399 (Pa. Super. 1988).
In the present case, Mr. Rounsley challenges the sufficiency of the evidence to support his convictions for homicide by vehicle while driving under the influence when he was not convicted of the separate offense of driving under the influence. Relying upon 75 Pa. C.S.A. § 3735 and the holding in Commonwealth v. Caine, supra, Mr. Rounsley concludes that his conviction is invalid.
We need not address the merits of Mr. Rounsley's claim because he has failed to meet the eligibility requirements for our review under the PCRA. Specifically, Mr. Rounsley's allegation of error has been waived because he failed to raise his sufficiency of the evidence claim on direct appeal. 42 Pa. C.S.A. §§ 9543, 9544(b). In Commonwealth v. Eaddy, 614 A.2d 1203, 1207-1208 (Pa. Super. 1992) this Court recognized that "nearly all claims are waived under the PCRA since nearly all claims potentially could have been raised on direct appeal."
Moreover, Mr. Rounsley's sufficiency of the evidence claim relates to the evidence that would have been presented against him at trial. Commonwealth v. Williams, 660 A.2d 614, 619 (Pa. Super. 1995). Although Mr. Rounsley was never tried and convicted for violating 75 Pa. C.S.A. § 3735, he did enter a guilty plea to violating two counts of that section. In entering his plea, Mr. Rounsley stated that he understood that he was pleading guilty to causing the death of the two individuals involved in the March 22, 1996 accident as a direct result of his violation of 75 Pa. C.S.A. § 3731. (Hearing Transcript, 6/10/96 p. 6). It is well established that any issue relating to sufficiency of the evidence is waived by entry of a guilty plea and is not subject to attack in a post conviction proceeding. Id. When Mr. Rounsley entered into the guilty plea, he conceded that the Commonwealth's evidence was sufficient to support that conviction. He cannot now try to revisit this issue under the PCRA.
Accordingly, the Order of Court of Common Pleas of Indiana County denying PCRA relief will be affirmed.
Order affirmed.
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