Commonwealth v. Jackson

OLSZEWSKI, Judge:

This is an appeal from the denial of appellant’s Post Conviction Hearing Act (PCHA) petition. Appellant asserts that the PCHA court erred in dismissing the petition because trial counsel was ineffective for failing to: (1) ensure that appellant knowingly and intelligently entered his plea of nolo contendere; and (2) file a motion to modify or vacate sentence based upon the imposition of restitution in violation of the plea agreement and without a hearing regarding appellant’s ability to pay. For reasons discussed below, we affirm in part and reverse and remand in part.

On…