Criminal Law — Practice — Plea of guilty — Alleged illegal inducement — Burden of proof — Record of colloquy showing valid plea — Post-conviction hearing — Duty of hearing judge to call witnesses of his own initiative.
1. The burden of proving an illegal inducement of a guilty plea falls on defendant when the record of a colloquy clearly shows a valid plea. [440]
2. A hearing judge is not required to call witnesses of his own initiative. [440]
3. In this post-conviction proceeding, in which it appeared that petitioner attacked the validity of his guilty plea on the ground that he had been promised a lesser sentence by his trial counsel; and that petitioner did not request the testimony of his counsel nor their attendance at the hearing; it was Held, considering the state of the record and the applicable burdens, that the hearing judge did not err, as contended by petitioner, in failing to call petitioner's trial counsel to testify.
Mr. Justice JONES concurred in the result.
OPINION PER CURIAM, May 28, 1969:
Appellant attacks the validity of his guilty plea on the ground that he had been promised a lesser sentence by his trial counsel. The statements of counsel in the record indicate the contrary. The burden of proving an illegal inducement of a guilty plea falls on appellant when the record of a colloquy clearly shows a valid plea. Commonwealth v. Grays, 428 Pa. 109, 237 A.2d 198 (1968). The existence of the record here makes the application of Commonwealth v. Finey, 433 Pa. 152, 249 A.2d 286 (1969), inappropriate.
Appellant further contends that the hearing judge erred in not calling appellant's trial counsel to testify. Appellant, however, requested neither their testimony nor their attendance. A hearing judge is not required to call witnesses of his own initiative. Considering the state of the record and the applicable burdens, there is no error.
Order affirmed.
Mr. Justice JONES concurs in the result.