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COMMONWEALTH v. KELLY (09/11/69)

decided: September 11, 1969.

COMMONWEALTH
v.
KELLY, APPELLANT



Appeal from judgment of sentence of Court of Quarter Sessions of Butler County, June T., 1966, No. 121, in case of Commonwealth of Pennsylvania v. Dennis P. Kelly.

COUNSEL

Dennis P. Kelly, appellant, in propria persona.

John A. Brydon, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Dissenting Opinion by Spaulding, J. Hoffman and Cercone, JJ., join in this dissenting opinion.

Author: Per Curiam

[ 215 Pa. Super. Page 117]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Spaulding, J.:

I respectfully dissent.

This is a direct appeal from judgment of sentence entered on a guilty plea to prison breach. Appellant Dennis Kelly contends that the plea was unlawfully induced by the promise of the District Attorney to obtain a sentence of 3 to 6 years.

On March 28, 1966, while awaiting sentence on worthless check charges, appellant escaped from the Butler County Correctional Institution. He was subsequently apprehended and pleaded guilty to prison breach on July 6, 1966, receiving a sentence of 4 to 8 years. This plea was vacated and a new trial granted in post-conviction proceedings in 1967. Thereafter, on January 23, 1968, appellant again pled guilty to prison breach. Appellant now contends that this second plea was unlawfully induced.

Appellant evidently had second thoughts about pleading guilty, as he wrote to the court on the afternoon of January 23 requesting permission to withdraw the plea. In response to the letter, a second hearing was scheduled on January 25. The record indicates that at this hearing, after being advised by the court that the plea could be withdrawn, ...


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