decided: June 14, 1968.
Appeal from order of Court of Quarter Sessions of Westmoreland County, Oct. T., 1967, No. 122, and Jan. T., 1966, No. 152, in case of Commonwealth v. Wayne A. Reagan.
Wayne A. Reagan, appellant, in propria persona.
Henry A. Martin, Assistant District Attorney, and Joseph M. Loughran, District Attorney, for Commonwealth, appellee.
Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Hannum, JJ. Opinion by Spaulding, J.
[ 212 Pa. Super. Page 465]
Having alleged illegal sentencing procedure and the denial of effective assistance of counsel in the course of three 1966 prosecutions to which he pleaded guilty, appellant sustained a dismissal without hearing of his Post Conviction Hearing Act petition by the court below which found that the "sentences imposed were proper" and "[t]he claim of denial of right to counsel . . . patently frivolous." The latter finding was apparently based at least in part on the fact that appellant had "met with his counsel two times."*fn1
Although it is true that a petition may be dismissed when there are no facts alleged in support of the legal conclusions constituting the basis for the relief requested, Commonwealth v. Snyder, 427 Pa. 83, 102, 233 A.2d 530, 540 (1967), such action must be applied in conjunction with several other, now well established, procedures dictating that counsel be appointed contemporaneously with the filing of the petition*fn2 and that
[ 212 Pa. Super. Page 466]
petitions cannot be dismissed for want of particularity without first granting an opportunity of amendment.*fn3 It would seem that neither procedure was given cognizance in the proceedings below.
Accordingly, we remand the record for the appointment of counsel to aid petitioner in his post-conviction proceedings.