Commonwealth of Pennsylvania v. Ruben Rodriguez

Philadelphia, Pennsylvania, criminal defense lawyer represented the Defendant charged with attempted murder and aggravated assault.

On April 11, 2019, following a jury trial before this Court, the Defendant was found guilty of Criminal Attempt - Murder, Aggravated Assault[1], Conspiracy to Commit Murder[2], Conspiracy to Commit Aggravated Assault[3], Possession of Instruments of Crime (PIC)[4], and three (3) violations of the Uniform Firearms Act: Persons not to Possess, Use, Manufacture, Control, Sell or Transfer Firearms ("VUFA § 6105")[5], Firearms Not to Be Carried Without a License ("VUFA § 6106")[6], and Carrying Firearms on Public Streets or Public Property in Philadelphia ("VUFA" § 6108")[7].

Ruben Rodriguez, filed a petition for post-conviction relief after having been convicted.

"On appeal from the denial or grant of relief under the PCRA, the Superior Court's review is limited to determining "whether the PCRA court's ruling is supported by the record and free of legal error." Commonwealth v. Presley, 193 A.3d 436, 442 (Pa. Super. 2018). Counsel is presumed to be effective, and a PCRA petitioner bears the burden of proving otherwise. Commonwealth v. Becker, 192 A.3d 106, 112 (Pa. Super. 2018). Counsel cannot be deemed ineffective for failing to raise a meritless claim. Commonwealth v. Jones, 912, A.2d 268, 278 (Pa. 2006). To prevail on an ineffective assistance of counsel claim, a petitioner must plead and prove, by a preponderance of the evidence, the ineffective assistance of counsel so undermined the truth-determining process that no reliable adjudication of guilt or innocence could have taken place. 42 Pa.C.S.A. § 9543(a)(2)(h). "

Petition denied.

Affirmed