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Commonwealth v. Lenhoff

Order concerning post-sentencing motions affirmed in part to extent that court changed classification of felony offense from second degree to third degree; order reversed in part and guilty plea vacated because plea was based on a maximum sentence that court had no authority to impose, plea process was tainted from outset, and manifest injustice was established.

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� 1 Edward Lenhoff III appeals from the order granting in part and denying in part his post-sentencing motions. He was sentenced to nine to twenty-three and one-half months’ imprisonment after he pled guilty to forgery and unsworn falsifications. We affirm in part, reverse in part, vacate Appellant’s guilty plea, and remand.

� 2 The criminal complaint indicates the following. Appellant was charged with forgery graded as a second degree felony and unsworn falsifications to authorities graded as a second degree misdemeanor based upon the following events. At approximately 5:00 p.m. on May 28, 2000, Pennsylvania State Troopers Jay D. Allen and James Garlick were dispatched to the True Value Hardware Store in Dry Tavern, Pennsylvania, in response to a report that a suspicious person was trying to buy a firearm. The person, Appellant, was at the store when Trooper Allen arrived.

� 3 Trooper Allen interviewed the manager of the store, Mark Pochron, who stated that the suspect had attempted to purchase a handgun earlier that day using the name Lee James Wright. Mr. Pochron refused to sell him the gun because he was not twenty-one years old. Later, Appellant returned to the same store and attempted to purchase a firearm using the name Edward Lenhoff, III. Mr. Pochron decided to call the police.

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