234 Pa. Code Rule 1007. Challenge to Guilty Plea.

Rule 1007. Challenge to Guilty Plea.

(A)  A motion challenging the validity of a guilty plea or the denial of a motion to withdraw a guilty plea shall be in writing and shall be filed with the sentencing judge within 10 days after imposition of sentence. The motion shall be disposed of promptly.
(B)  Execution of sentence shall be stayed and the amount of bail previously determined shall continue until disposition of the motion.
(C)  The attorney for the Commonwealth shall be given notice of the motion and an opportunity to respond. The judge may schedule a hearing on the motion.
(D)  Upon entry of a final order denying the motion, the judge shall inform the defendant of the right to appeal the order to the Court of Common Pleas within 30 days after the date of the order.
(E)  After an appeal pursuant to this rule is filed, the Municipal Court shall take no further action in the case, unless otherwise provided in these rules.

Comment

   The procedures applicable to the taking and the withdrawal of a plea of guilty are set forth in Rules 590 and 591.
   This rule is intended to provide the exclusive procedure for challenging the validity of a guilty plea or the denial of a motion to withdraw a plea. For a discussion of the general principles underlying the rule, see the Comment to Rule 720.

   Official Note
   Rule 6007 adopted July 1, 1980, effective August 1, 1980; amended March 22, 1993, effective January 1, 1994; renumbered Rule 1007 and amended March 1, 2000, effective April 1, 2001; amended November 9, 2017, effective January 1, 2018.
   Committee Explanatory Reports:
   Final Report explaining the March 22, 1993 amendments published with the Court’s Order at 23 Pa.B. 1699 (April 10, 1993).
   Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1478 (March 18, 2000).
   Final Report explaining the November 9, 2017 amendment regarding the effect that taking an appeal has on the ability of the Municipal Court to take further action in a case published with the Court’s Order at 47 Pa.B. 7182 (November 25, 2017).

Source

   The provisions of this Rule 1007 amended November 9, 2017, effective January 1, 2018, 47 Pa.B. 7181. Immediately preceding text appears at serial pages (385527) to (385528).

No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.