J-S24037-18

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA

v.

RACHEL E. FALLAT,

Appellant

:

:

:

:

:

:

:

:

:

IN THE SUPERIOR COURT OF

PENNSYLVANIA

No. 1642 MDA 2017

Appeal from the PCRA Order October 5, 2017

in the Court of Common Pleas of Columbia County,

Criminal Division at No(s): CP-19-CR-0000042-2015

BEFORE: OLSON, J., KUNSELMAN, J., and MUSMANNO, J.

MEMORANDUM BY MUSMANNO, J.: FILED AUGUST 21, 2018

Rachel E. Fallat (“Fallat”) appeals from the Order denying her first 

Petition for relief filed pursuant to the Post Conviction Relief Act (“PCRA”). 

See 42 Pa.C.S.A. §§ 9541-9546. We affirm. 

On the morning of December 24, 2014, Fallat stabbed her adult son, 

Mark Anthony Goodson (“Goodson”), in the chest with a kitchen knife at her 

home. Goodson was found bleeding outside of the home by a passerby and 

was taken to the hospital for serious injuries, including a collapsed lung. Fallat 

initially denied involvement, telling the police that Goodson had injured 

himself with a broken plate. Goodson informed police that Fallat had stabbed 

him during an argument. 

Fallat was charged with attempted homicide, aggravated assault, and 

simple assault. On March 4, 2016, Fallat entered a guilty plea to aggravated 
J-S24037-18

- 2 -

assault.

1

 On March 11, 2016, the trial court sentenced Fallat to 48-120 

months in prison.

2

 Fallat did not file a direct appeal.

In February 2017, Fallat, pro se, filed a timely PCRA Petition. The PCRA 

court appointed counsel, who filed an amended Petition. The PCRA court

denied the Petition following a hearing. Fallat filed a timely Notice of Appeal, 

and a Pa.R.A.P. 1925(b) Concise Statement of matters complained of on 

appeal. 

On appeal, Fallat raises the following claims for our review: 

A. Whether the [PCRA] court erred in denying [Fallat’s] PCRA 

Petition for ineffective [assistance] of counsel when trial 

counsel failed to provide [Fallat] with full discovery[,] thereby 

precluding her from making a knowing and voluntary guilty 

plea[?]

B. Whether the PCRA court erred in denying [Fallat’s] PCRA 

Petition for ineffective assistance of counsel when trial counsel 

failed to ascertain that the alleged victim was not willing to 

testify against [Fallat] at trial[,] thereby precluding her from 

making a knowing and voluntary guilty plea[?]

C. Whether the PCRA court erred in denying [Fallat’s] PCRA 

Petition for ineffective [assistance] of counsel[,] when trial 

counsel failed to challenge the sufficiency of the evidence 

against [Fallat,] thereby precluding her from making a knowing 

and voluntary guilty plea[?]

D. Whether the PCRA court erred in denying [Fallat’s] PCRA 

Petition for ineffective assistance of counsel when trial counsel 

____________________________________________

1 18 Pa.C.S.A. § 2702(a)(1).

 

2 On January 15, 2015, Fallat’s parole for driving under the influence (third 

offense) was revoked. Fallat was sentenced to 12-36 months in prison. The 

instant sentence was imposed concurrently to the parole-revocation sentence.
J-S24037-18

- 3 -

failed to obtain a mental health evaluation which would have 

[shown that Fallat] suffers from battered [woman] syndrome[,]

thereby precluding her from making a knowing and voluntary 

guilty plea[?]

E. Whether the PCRA court erred in denying [Fallat’s] PCRA 

Petition for ineffective assistance of counsel[,] when trial 

counsel failed to pursue a self-defense claim[,] despite the fact 

that [Fallat] suffered broken ribs as the result of the attack by 

the alleged victim[,] thereby precluding her from making a 

knowing and voluntary guilty plea[?]

F. Whether the PCRA court erred in denying [Fallat’s] PCRA 

Petition for ineffective [assistance] of counsel[,] when trial 

counsel refused to meet with [Fallat] for an adequate amount 

of time given the seriousness of the allegations[,] thereby 

precluding her from making a [knowing] and voluntary guilty 

plea[?]

Brief for Appellant at 3-4 (some capitalization omitted).

3

The applicable standard of review regarding the denial of a PCRA petition 

is as follows:

Our standard of review of a PCRA court’s denial of a petition for 

post[-]conviction relief is well-settled: We must examine whether

the record supports the PCRA court’s determination, and whether 

the PCRA court’s determination is free of legal error. The PCRA 

court’s findings will not be disturbed unless there is no support for 

the findings in the certified record.

Commonwealth v. Franklin, 990 A.2d 795, 797 (Pa. Super. 2010) (citations 

omitted). 

____________________________________________

3 Because all of Fallat’s arguments challenge the ineffective assistance of 

counsel regarding the voluntariness of her guilty plea, we will address them 

together. 
J-S24037-18

- 4 -

Fallat contends that she entered an unknowing and involuntary guilty 

plea due to ineffective assistance of counsel. Brief for Appellant at 7-10. Fallat 

argues that her trial counsel’s ineffectiveness for failing to present all of the 

discovery, including photos of the injuries sustained by Fallat, which would 

have been relevant to a self-defense claim, rendered her plea involuntarily 

entered. Id. at 8; see also id. at 9 (arguing that trial counsel was ineffective 

for failing to pursue a justification defense despite the fact that she suffered 

broken ribs). Fallat also argues that trial counsel was ineffective for failing to 

obtain a psychological evaluation, which would have aided in her defense, and 

prevented her from entering a knowing and voluntary guilty plea. Id. at 9. 

Fallat further asserts that trial counsel was ineffective for failing to inform 

Fallat that the victim was unwilling to testify against her at trial, which would 

have impacted her plea decision. Id. at 8-9. Fallat additionally claims that 

trial counsel was ineffective for failing to file a motion to suppress the 

evidence. Id. at 9. Lastly, Fallat asserts that trial counsel was ineffective for 

meeting with her for “an hour tops” for the whole case, and that this showed 

her lack of access to an attorney, which precluded her from making a knowing 

and voluntary guilty plea. Id. at 10. 

It is well-established that counsel is presumed to have 

provided effective representation unless the PCRA petitioner 

pleads and proves all of the following: (1) the underlying legal 

claim is of arguable merit; (2) counsel’s action or inaction lacked 

any objectively reasonable basis designed to effectuate his client’s 

interest; and (3) prejudice, to the effect that there was a 

reasonable probability of a different outcome if not for counsel’s 

error. The PCRA court may deny an ineffectiveness claim if the 
J-S24037-18

- 5 -

petitioner’s evidence fails to meet a single one of these prongs. 

Moreover, a PCRA petitioner bears the burden of demonstrating 

counsel’s ineffectiveness.

Franklin, 990 A.2d at 797 (citations omitted). 

“A criminal defendant has the right to effective counsel during a plea 

process as well as during trial.” Commonwealth v. Hickman, 799 A.2d 136, 

141 (Pa. Super. 2002) (citation omitted). “The law does not require that 

appellant be pleased with the outcome of his decision to enter a plea of 

guilty[.]” Commonwealth v. Diaz, 913 A.2d 871, 873 (Pa. Super. 2006) 

(citation omitted). Instead, the defendant must show that counsel’s deficient 

stewardship resulted in the entry of an unknowing, involuntary, or 

unintelligent plea. Commonwealth v. Bedell, 954 A.2d 1209, 1212 (Pa. 

Super. 2008). “This is similar to the manifest injustice standard applicable to 

all post-sentence attempts to withdraw a guilty plea.” Commonwealth v. 

Lewis, 708 A.2d 497, 500 (Pa. Super. 1998) (internal quotation marks

omitted). 

In order to ensure a voluntary, knowing, and intelligent plea, trial courts 

are required to ask the following questions in the guilty plea colloquy: 

1. Does the defendant understand the nature of the charges to 

which he or she is pleading guilty or nolo contendere?

2. Is there a factual basis for the plea?

3. Does the defendant understand that he or she has the right to 

a trial by jury?

4. Does the defendant understand that he or she is presumed not 

guilty until found guilty?
J-S24037-18

- 6 -

5. Is the defendant aware of the permissible ranges of sentences 

and/or fines for the offenses charged? 

6. Is the defendant aware that the judge is not bound by the 

terms of any plea agreement tendered unless the judge accepts 

such agreement?

Bedell, 954 A.2d at 1212; see also Pa.R.Crim.P. 590, cmt. “The guilty plea 

colloquy must affirmatively demonstrate that the defendant understood what 

the plea connoted and its consequences.” Lewis, 708 A.2d at 501. “Once a 

defendant has entered a plea of guilty, it is presumed that he was aware of 

what he was doing, and the burden of proving involuntariness is upon him.” 

Commonwealth v. Stork, 737 A.2d 789, 790 (Pa. Super. 1999) (citation and 

internal brackets omitted). “In determining whether a guilty plea was entered 

knowingly and voluntarily, ... a court is free to consider the totality of the 

circumstances surrounding the plea.” Commonwealth v. Flanagan, 854 

A.2d 489, 513 (Pa. 2004) (citation and internal quotation marks omitted). 

Furthermore, the oral colloquy may be supplemented by a written colloquy 

that is read, completed, and signed by the defendant and made a part of the 

plea proceedings. Commonwealth v. Morrison, 878 A.2d 102, 108 (Pa. 

Super. 2005). 

In her colloquy, Fallat stated that she was not under the influence of 

any drugs or alcohol at the time of the colloquy, and that she was not 

threatened, pressured or promised anything in exchange for pleading guilty. 

Guilty Plea Colloquy, 3/4/16, at 2; N.T., 3/4/16, at 2-3. Fallat further 
J-S24037-18

- 7 -

acknowledged that she had thoroughly discussed the facts and circumstances 

surrounding the filing of the charges against her with trial counsel, and she 

had a full opportunity to discuss her decision to enter a guilty plea. Guilty 

Plea Colloquy, 3/4/16, at 4. Fallat stated that trial counsel thoroughly 

explained the meaning of, and terms within, the colloquy to her. Id. Fallat 

indicated that it was her decision to plead guilty, and when asked why she 

wished to plead guilty, Fallat hand-wrote “I was wrong in my actions and lost 

[my] temper.” Id. at 3. Fallat acknowledged that she was waiving her right 

to a jury trial, and that she waived any possible defenses to the charges. 

Guilty Plea Colloquy, 3/4/16, at 3; N.T., 3/4/16, at 3-4. Fallat understood 

that she was presumed not guilty and that the Commonwealth has the burden 

to prove guilt beyond a reasonable doubt in this matter. Guilty Plea Colloquy, 

3/4/16, at 2. Fallat also acknowledged that she was aware of the permissible 

range of sentences. Id. Fallat understood that the court was not bound by 

the plea agreement unless the judge accepts the agreement. Id. Fallat also 

stated that she was satisfied with the representation and advice of her 

attorney. Guilty Plea Colloquy, 3/4/16, at 4; N.T., 3/4/16, at 7. 

During the PCRA hearing, trial counsel testified that he had discussed 

with Fallat the possibility of a self-defense claim, but noted that Fallat had 

made three conflicting statements about the incident. N.T., 10/26/17, at 14-

16. Trial counsel testified that he reviewed the guilty plea colloquy and all of 

the questions in it with Fallat, and that Fallat willingly and knowingly
J-S24037-18

- 8 -

entered the plea. Id. at 21-22. Trial counsel acknowledged that Goodson 

was reluctant to testify, but that he would proceed so that his mother would 

get help. Id. at 16, 27. Trial counsel also stated that he knew Fallat 

previously and that she was cooperative with counsel and did not give any 

indication that psychiatric issues affected the entry of the plea. Id. at 18. 

Trial counsel stated that Fallat did not indicate that there was an ongoing issue 

with her son, and that there did not seem to be grounds for battered wife 

syndrome because this was not a spousal incident. Id. 

Based on the totality of the circumstances, we conclude that Fallat

knowingly and voluntarily entered her guilty plea. See Commonwealth v. 

Munson, 615 A.2d 343, 349 (Pa. Super. 1992) (stating that appellant’s guilty 

plea was entered voluntarily where a full and complete guilty plea colloquy 

was conducted); see also Commonwealth v. Muhammad, 794 A.2d 378, 

384 (Pa. Super. 2002) (stating that appellant cannot claim that he 

involuntarily entered a guilty plea where he stated that no one threatened him 

to plead guilty). Fallat does not contest that she read and fully understood 

the implications of her guilty plea, including waiving all defenses. See 

Commonwealth v. McCauley, 797 A.2d 920, 922 (Pa. Super. 2001) (stating 

that "[a] defendant is bound by the statements he makes during his plea 

colloquy"); see also Muhammad, 794 A.2d at 384 (stating that appellant 

voluntarily entered a guilty plea where he read the guilty plea colloquy and 

understood the basic tenets of the guilty plea). 
J-S24037-18

- 9 -

Because Fallat voluntarily and knowingly entered her guilty plea, and

stated that she was satisfied with her counsel, her ineffectiveness claims lack 

arguable merit. See McCauley, 797 A.2d at 922. Thus, the PCRA court 

properly denied the PCRA Petition. 

Order affirmed. 

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 08/21/2018