Superior Court of Pennsylvania· 2/26/2003

Commonwealth v. Barbosa

Citations

819 A.2d 81
2003 Pa. Super. 77
2003 Pa. Super. LEXIS 303

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that only if misinformation about the maximum possible sentence was material to defendant’s decision to enter a guilty the plea could the plea could be withdrawn
stating that the “failure to advise a defendant of the possible maximum sentence will not necessarily justify the withdrawal of an otherwise voluntary guilty plea.”
holding -6- J-S36022-20 manifest injustice is established only when lack of information as to maximum possible sentence is material to defendant’s decision to accept negotiated plea
stating how “in some circumstances, misinformation about the possible maximum sentence will invalidate a negotiated plea, thereby permitting a defendant to withdraw the plea even after sentencing”; citing Commonwealth v. Hodges, 789 A.2d 764 (Pa.Super. 2002
defendant informed he would face life imprisonment ifhe was convicted at trial
where defendant is either misinformed or not informed as to maximum possible sentence, and misinformation or lack of information was material to decision to accept negotiated guilty plea, manifest injustice is established and plea may be withdrawn

Source: CourtListener parenthetical corpus (CC0).

Judges: Klein, Bowes, Tamilia

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10 cases in this archive cite this case.

Cites

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