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COMMONWEALTH v. MCCASKILL (05/10/68)

May 10, 1968

COMMONWEALTH
v.
MCCASKILL, APPELLANT.



Indictments charging defendant with aggravated robbery, operating a motor vehicle without the consent of the owner, and larceny of an automobile.

COUNSEL

James McCaskill, appellant, in propria persona; Roger F. Cox and Michael J. Rotko, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before Doty, J., without a jury, in part and on plea of guilty in part.

Per Curiam: Under Douglas v. California, 372 U.S. 353 (1963), and Commonwealth v. Sliva, 415 Pa. 537, 204 A.2d 455 (1964), an indigent is entitled to the assistance 725 of counsel on appeal. We are unable to determine whether appellant is still indigent (he was represented by court-appointed counsel at trial) or whether his pro se appeal represents an intelligent and knowing waiver of the assistance of appellate counsel.

The record is remanded to the court below with instructions to determine whether appellant remains indigent or has waived the assistance of appellate counsel. If the court below finds that appellant is indigent and has not waived his right to counsel, it shall appoint appellate counsel. If the court finds that appellant is not indigent or has waived assistance of counsel on appeal, it shall then permit appellant to prosecute his pro se appeal.

JACOBS, J., would affirm the order of the court below.

19680510

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