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COMMONWEALTH v. ROBERTSON (09/15/67)

decided: September 15, 1967.

COMMONWEALTH
v.
ROBERTSON, APPELLANT



Appeal from order of Court of Quarter Sessions of Delaware County, March T., 1963, Nos. 45 to 48, inclusive, 67, and 68, in case of Commonwealth of Pennsylvania v. William A. Robertson.

COUNSEL

William A. Robertson, appellant, in propria persona.

Ralph B. D'Iorio and Vram Nedurian, Jr., Assistant District Attorneys, John R. Graham, First Assistant District Attorney, and Paul R. Sand, District Attorney, for Commonwealth, appellee.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. Opinion by Hoffman, J.

Author: Hoffman

[ 211 Pa. Super. Page 79]

This is an appeal from the dismissal, without hearing, of a petition for post-conviction relief.

In December, 1962, William A. Robertson, and his co-defendant, Donald Gary Anthony, were arrested and charged with larceny, receiving stolen goods and related

[ 211 Pa. Super. Page 80]

    charges. Both defendants, represented by the same court-appointed counsel, entered guilty pleas on all counts. Anthony's plea, however, was later withdrawn upon a motion by counsel. The trial court then instructed the district attorney to enter a nol pros. as to Anthony.

On appeal petitioner contends that his trial and conviction were vitiated by a conflict of interest on the part of defense counsel. A careful scrutiny of the record reveals the following interchange between the court and appointed counsel:

"Mr. Jacobson (For the defendant): Your honor, at this time on behalf of Donald Gary Anthony I am going to withdraw his plea of guilty and plead him not guilty and let him stand trial. . . . Robertson admits . . . to having, well his version of the story is that he was given the car, he was loaned the car.

"The Court: You do not believe that?

"Mr. Jacobson: No, I don't; that is why I am not withdrawing the plea. . . . But I don't feel ...


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