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COMMONWEALTH v. SCHULTZ (06/13/68)

June 13, 1968

COMMONWEALTH
v.
SCHULTZ, APPELLANT.



Indictment charging defendant with being an accessory before the fact, burglary, attempt with intent to kill and attempted robbery with an accomplice.

COUNSEL

Regis Charles Schultz, appellant, in propria persona; Robert C. Earley, Assistant District Attorney, and W. Thomas Malcolm, District Attorney, for Commonwealth, appellee.

Before Clark, P.j.

Opinion PER CURIAM: Appellant has filed a timely pro se appeal. 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 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.

19680613

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