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Commonwealth of Pennsylvania v. Joseph Loduca
Date: 01-21-2025
Case Number: CP-55-CR-0000308-2019
Judge: Not Available
Court: County of Common Pleas, Snyder County, Pennsylvania
Plaintiff's Attorney: Snyder County, Pennsylvania District Attorney's Office
Defendant's Attorney:
Click Here For The Best Middleburg Criminal Defense Lawyer Directory
Click Here For The Best Middleburg Criminal Defense Lawyer Directory
Description:
Middleburg, Pennsylvania criminal defense lawyer represented the Defendant charged with simple assault.
On January 22, 2020, the trial court sentenced LoDuca to 199 days to two years less one day of incarceration with credit for time served on the count of terroristic threats and one year of probation on the count of simple assault ("Original Sentence"). On the same day, LoDuca was sentenced on a separate docket to one year probation to run concurrently with the sentence on this docket. LoDuca was immediately paroled and did not appeal his sentence at that time.
On September 11, 2020, the trial court held a revocation hearing, during which LoDuca, while represented by counsel, stipulated to the probation violation and agreed to a revocation sentence of one to two years' incarceration on the count of simple assault to run concurrently with the parole sentence on the count of terroristic threats, with all credit for time served applied to the parole sentence for terroristic threats ("Revocation Sentence").
* * *
Legal issue Did the trial court err in denying the appeal for post-conviction and habeas corpus relief due to untimeliness and alleged breaches in the plea agreement?
Headnote
CRIMINAL PROCEDURE. POST-CONVICTION RELIEF ACT (PCRA). The case involves an appeal from the denial of post-conviction relief and habeas corpus relief, where the appellant argued the illegality of a revocation sentence, lack of PCRA counsel, and breach of a plea agreement by the Department of Corrections.
CRIMINAL PROCEDURE. TIMELINESS OF PCRA PETITION. The court addressed the untimely filing of the appellant's PCRA petition, emphasizing the statutory requirement to file within one year of the judgment of sentence becoming final, and the failure to meet any timeliness exceptions provided in the corresponding statute.
HABEAS CORPUS. CONTRACTUAL ENFORCEMENT OF PLEA AGREEMENTS. The court examined a claim for habeas corpus relief asserting that the Department of Corrections breached a plea agreement, noting the applicability of contract interpretation principles and the requirement of party participation in such agreements.
Key Phrases Post-Conviction Collateral Relief. Habeas Corpus Relief. Probation Violation. Plea Agreement Breach. Constitutional Rights Violation.
On January 22, 2020, the trial court sentenced LoDuca to 199 days to two years less one day of incarceration with credit for time served on the count of terroristic threats and one year of probation on the count of simple assault ("Original Sentence"). On the same day, LoDuca was sentenced on a separate docket to one year probation to run concurrently with the sentence on this docket. LoDuca was immediately paroled and did not appeal his sentence at that time.
On September 11, 2020, the trial court held a revocation hearing, during which LoDuca, while represented by counsel, stipulated to the probation violation and agreed to a revocation sentence of one to two years' incarceration on the count of simple assault to run concurrently with the parole sentence on the count of terroristic threats, with all credit for time served applied to the parole sentence for terroristic threats ("Revocation Sentence").
* * *
Legal issue Did the trial court err in denying the appeal for post-conviction and habeas corpus relief due to untimeliness and alleged breaches in the plea agreement?
Headnote
CRIMINAL PROCEDURE. POST-CONVICTION RELIEF ACT (PCRA). The case involves an appeal from the denial of post-conviction relief and habeas corpus relief, where the appellant argued the illegality of a revocation sentence, lack of PCRA counsel, and breach of a plea agreement by the Department of Corrections.
CRIMINAL PROCEDURE. TIMELINESS OF PCRA PETITION. The court addressed the untimely filing of the appellant's PCRA petition, emphasizing the statutory requirement to file within one year of the judgment of sentence becoming final, and the failure to meet any timeliness exceptions provided in the corresponding statute.
HABEAS CORPUS. CONTRACTUAL ENFORCEMENT OF PLEA AGREEMENTS. The court examined a claim for habeas corpus relief asserting that the Department of Corrections breached a plea agreement, noting the applicability of contract interpretation principles and the requirement of party participation in such agreements.
Key Phrases Post-Conviction Collateral Relief. Habeas Corpus Relief. Probation Violation. Plea Agreement Breach. Constitutional Rights Violation.
Outcome:
Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Commonwealth of Pennsylvania v. Joseph Loduca?
The outcome was: Affirmed
Which court heard Commonwealth of Pennsylvania v. Joseph Loduca?
This case was heard in County of Common Pleas, Snyder County, Pennsylvania, PA. The presiding judge was Not Available.
Who were the attorneys in Commonwealth of Pennsylvania v. Joseph Loduca?
Plaintiff's attorney: Snyder County, Pennsylvania District Attorney's Office. Defendant's attorney: Click Here For The Best Middleburg Criminal Defense Lawyer Directory.
When was Commonwealth of Pennsylvania v. Joseph Loduca decided?
This case was decided on January 21, 2025.