2002 Pa. Super. 89 - Commonwealth v. Lenhoff’s Empirical Analysis

Citation profile

10 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he plea was based on a maximum sentence that the court had no authority to impose. The entire process of plea negotiations, therefore, was affected by this grave error. [The defendant] pled guilty in order to avoid a maximum sentence which, by law, could not be imposed. We hold that in the event the maximum sentence communicated to a criminal defendant is in fact an illegal sentence, the plea process has been tainted from the outset and manifest injustice is established. The trial court stated that [the defendant] received the benefit of his bargain; it is clear, however, that [the defendant] did not strike a legitimate bargain. While it is true that [he] was aware that he could be sentenced to life, and that sentence was subsequently imposed, it cannot be said that [the defendant] entered into this agreement knowingly or voluntarily.”

   2 later decisions quote this exact passage
   e.g. 2003 Pa. Super. 77 - Commonwealth v. Barbosa · 2015 Pa. Super. 205 - Com. v. Melendez-Negron, J., Jr.

2. “(c) Grading. — Forgery is a felony of the second degree if the writing is or purports to be part of an issue of money, securities, postage or revenue stamps, or other instruments issued by the government, or part of an issue of stock, bonds or other instruments representing interests in or claims against any property or enterprise. Forgery is a felony of the third degree if the writing is or purports to be a will, deed, contract, release, commercial instrument, or other document evidencing, creating, transferring, altering, terminating or otherwise affecting legal relations. Otherwise forgery is a misdemeanor of the first degree.”

   2 later decisions quote this exact passage
   e.g. 2008 Pa. Super. 226 - Commonwealth v. Pantalion · 2006 Pa. Super. 290 - Commonwealth v. Ryan

3. “[The defendant] was charged with and entered plea negotiations to avoid a sentence for a second degree felony, not a third degree felony. Indeed, [the defendant] observes that because the forgery count was graded incorrectly, there are different guideline scores applicable. This change, [he] continues, may have “resulted in different plea offers and negotiations and considerations of partial confinement requested by the defendant.” [Defendant’s] [B]rief at 15. [The defendant] was charged with a second degree felony, carrying a ten-year maximum. The maximum legal sentence that [the defendant] faced when he entered plea negotiations and the plea itself was, in fact, less than ten years. He indicated on the record that he had conducted research, knew that he faced a ten-year sentence, and was seeking to avoid that sentence by pleading guilty. Meanwhile,' the court did not have the legal authority to impose that sentence. The plea was fatally flawed from the start, as in Hodges , by the defendant’s desire to avoid a sentence that the court did not have the power to impose. Hence, we agree with [the defendant’s] position that plea negotiations were tainted at the outset by misinformation about sentences. Therefore, it is clear that [he] should be permitted to withdraw his guilty plea.”

   1 later decision quote this exact passage
   e.g. 2015 Pa. Super. 205 - Com. v. Melendez-Negron, J., Jr.