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I was entrapped
I was entrapped and proven it at trial but only five of the six charges could be available under the Entrapment defense! In error and my attorney was ineffective for not objecting to this error in the jury instructions and if waived my rights to direct appeal the error in the jury instructions. Now I’m at the supreme Court level petitioning the court for allocator I just found out that the continuing offense was from the wiretap ACT that’s what he used to exempt the receiving stolen property from my entrapment defense now I’m on my pcra like I said at the Supreme Court level petitioning for allocator or petitioning for them to hear my appeal. Well, during jury instructions the presiding judge erred in saying my Entrapment defense was available for all charges besides receiving stolen property due to it being a”continuing offense “, and I asked my attorney to object but he would not I know the one exemption from the defense is a crime in which causing or tthreating bodily injury to other than the one perpetrating the Entrapment.. Receiving stolen property is a theft charge. Even during one of the recesses of the trial Justin panhgetti, the prosecutor, told me he knows this whole case is indeed a manufactured case and definitely Entrapment and if he would move to dismiss his boss Jack deneri, the head DA, who fire him. I told him I understand you must do your job. He was a good guy and at my sentencing for the felony two receiving stolen property he spoke well on my behalf and the same judge told me I should thank mister panhgetti he saved me from a long state sentence. Now before my sentencing my trial counsel took a position in the district attorney’s office and although he was now a prosecutor he sat with my family during sentencing when my public defender acted as a prosecutor and the prosecutor seemed to act as my attorney, it was very strange, but this is besides the point. I feel it was prosecutorial misconduct to tell me that he knew it was entrapment but couldn’t throw it out or he would lose his job. And it was ineffective assistance of counsel for my attorney failing to object to the error of him to object to the benches jury instructions that all charges can be considered for Entrapment except the receiving stolen property charage due to it being a “continuing offense” ….. I spent months and months looking for a case where a charge was unavailable for the Entrapment defense due to it being a continuing offense. I just recently found out that he misplaced his legal jury instructions for it being a continuing offense to be exempt from Entrapment. It is from the wire tap act. In that act a “continuing offense” can be intercepted without a warrant if the crime is a of a continuing nature such as receiving stolen property. I feel very strongly that my trial counsel was ineffective for failing to object to the jury instructions that the judge erred in misplaced the proper exemption from the defense. Nowhere in subsection 313 Entrapment statutes does it mention a continuing offense being unavailable for the defense. I know there are two approaches to the Entrapment defense the objective and the subjective approach. Pennsylvania focuses on police misconduct such as in my case and not predisposition of the defendant. The jury came back and I was acquitted of the five charges available for the defense. And convicted of the only charge not available for the defense. I feel that I met all of the three prong test for ineffectiveness of counsel. I am in the state supreme Court waiting to see if the will grant allocator for my post conviction relief act since I waived my rights to direct appeal based on my trial counsels failure to object to the jury instructions and preserve my issues for direct appeal. The following public defenders all filed an Anders \ McClendon brief on my direct appeals. Leaving me with only post conviction relief remedies. I am waiting on the supreme Court’s decision. Is there any other things I can do besides this pcra. Can I file a writ of error and petition the trial court to reconsider or dismiss my “case” that I proved by a preponderance of evidence? I feel the ruling should have been a dismissal due to Entrapment as a matter of law. But can you please respond to this question as soon as possible as the state parole board has extended my previous three year sentence from 2009-2012 to 2016 max my new max is April 28th. That’s this month. I am to report to my county probation officer for this conviction and the state board wants to put me back in prison even though I have served about 50 months on a 36 month sentence. I have a two year old son that just lost his mother a couple months ago. And I have advanced stage to fibrosis of the liver and I am feeling symptoms of stage 3 cirrohis now and have been for the past few months. It was hard just to type this question and the state “correctional” institution at Albion denied me treatment unless I would agree to max out my sentence that I already have maxed back in 2012. I am in a desperate situation with this. My life depends upon this felony conviction I will not be able to use my college education, my major was chemistry and I would not be able to pursued a career as a chemist or pharmacologist as a felon. I really want to finish my degree And pursue a doctorate degree in chemistry but with a felony it would be pointless I would have to be a clandestine chemist and I am not a criminal I do not want to do that at all. Please get back to me ASAP my name is Mark Gnacinski Jr and my number is 814 7901076 I already sent a message to have a consultation with your firm….. Thank you for your time and consideration in any help you may be able to provide
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