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Commonwealth v. McCauley

Felony provisions of Drug Act, not misdemeanor provisions of Pharmacy act, governed charges against defendant who presented forged prescription for controlled substance (Lorcet).

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OPINION

� 1 Appellant, Hugh Joseph McCauley, appeals from the judgment of sentence entered following his guilty plea to one count of Criminal Attempt, 18 Pa.C.S.A. � 901, to acquire a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge pursuant to 35 Pa.C.S.A. � 780-113(a)(12). On appeal, Appellant claims the ineffectiveness of his plea counsel resulted in the entry of an unknowing and involuntary plea. Finding no merit to Appellant’s contention, we affirm.

� 2 The facts and procedural history may be summarized as follows. The charge upon which Appellant was sentenced arose from an incident wherein Appellant presented a forged prescription for Lorcet, a Schedule III controlled substance, to the pharmacist at the Bethel Park Giant Eagle. However, before the prescription was filled, Appellant attempted to leave the store and was apprehended. Appellant entered a negotiated guilty plea and was sentenced to nine months’ probation. Appellant retained new counsel and timely filed a post sentence motion to withdraw his guilty plea asserting the ineffective assistance of plea counsel caused him to enter an involuntary plea. A hearing was held thereon, and the motion was denied. This timely appeal followed.

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