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COMMONWEALTH EX REL. UHLER v. MYERS. (12/12/63)

December 12, 1963

COMMONWEALTH EX REL. UHLER, APPELLANT,
v.
MYERS.



Appeal, No. 193, Oct. T., 1963, from order of Court of Common Pleas of Berks County, May T., 1963, No. 36, in case of Commonwealth ex rel. Joseph Uhler v. David N. Myers, Superintendent. Order affirmed.

COUNSEL

Joseph Uhler, appellant, in propria persona, submitted a brief.

Peter F. Cianci, First Assistant District Attorney, with him Frederick O. Brubaker, District Attorney, for appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Watkins

[ 202 Pa. Super. Page 399]

OPINION BY WATKINS, J.

This is an appeal from the denial of a writ of habeas corpus by the Court of Common Pleas of Berks County, without a hearing. The petitioner, Joseph Uhler, was indicted on charges of burglary and larceny. He entered a plea of guilty and was sentenced on June 11, 1962, to pay a fine of $50 and to undergo imprisonment for not less than years nor more than five years.

The only questions involved in this appeal are the contentions of the petitioner that he was denied due

[ 202 Pa. Super. Page 400]

    process by not being represented by counsel, and was not afforded on opportunity to say anything on his behalf before sentence was imposed.

We must examine the questions raised herein carefully in the light of the ruling of the Supreme Court of the United States in Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.ed.2d 799. The record shows that the petitioner's arraignment was held on Tuesday, June 5, 1962 before President Judge WARREN K. HESS, and the following colloquy took place between the petitioner defendant, the district attorney and Judge HESS: MR. BRUBAKER: "Q. Do you have an attorney? A. I do not. Q. How do you plead to this charge of burglary and larceny? A. I am at this time entering a plea of guilty. Q. You plead guilty. THE COURT: Q. You understand the charge against you? A. I do fully understand. Q. You understand you have the right to plead guilty or not guilty? A. That is right. Q. You are familiar with the nature of the charge? A. I am quite familiar. MR. BRUBAKER: Q. Frank's Bar charged that you broke into that place. After having broken into it you took $1.30 out of one of the machines? A. That is right. Q. You understand you have a right to have an attorney? A. I would like to act as my own counsel. THE COURT: The plea of guilty may be entered. MR. BRUBAKER: You will be called for sentence on the 11th."

On June 11, 1962, as advised at the time of arraignment, the defendant was called for sentence before the Hon. ALBERT S. READINGER. Ther record shows that a detailed statement of the circumstances of the offense was given to the court by a police officer and the probation officer gave the court a resume of the defendant's background. He did not deny the offense or ask to withdraw his plea, which had been entered ...


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