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COMMONWEALTH v. WILLIAMS (05/21/70)

SUPERIOR COURT OF PENNSYLVANIA


decided: May 21, 1970.

COMMONWEALTH
v.
WILLIAMS, APPELLANT

Appeal from order of Court of Common Pleas of Montgomery County, June T., 1964, No. 222-1, in case of Commonwealth of Pennsylvania v. Robert Williams.

COUNSEL

Daniel C. Barrish, Assistant Public Defender, for appellant.

Stewart J. Greenleaf and Paul W. Tressler, Assistant District Attorneys, Parker H. Wilson, First Assistant District Attorney, and Milton O. Moss, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ.

Author: Per Curiam

[ 216 Pa. Super. Page 356]

Appellant pleaded guilty, was sentenced, and failed to appeal. He filed a PCHA petition, alleging he was denied his right of appeal. The PCHA court entered an order, granting appellant a right to appeal nunc pro tunc, it being admitted appellant did not competently and knowingly forego appeal.

"When it is found in the course of a PCHA proceeding that a petitioner has been deprived of his right of appeal from a conviction based upon a guilty plea, the PCHA court should usually proceed to hear and decide all of the petitioner's other claims since there generally [except in murder cases] can be no appropriate claim of error which is not cognizable in the PCHA proceedings": Commonwealth v. Lowery, 438 Pa. 89, 263 A.2d 332 (1970). In such cases, the PCHA court should permit an amended petition, setting forth all claims petitioner wishes to raise with respect to his conviction and sentence, and proceed to hear them if non-frivolous and not clearly refuted by the record.

Order reversed and record remanded for proceedings consistent with this opinion.

Disposition

Order reversed and record remanded.

19700521

© 1998 VersusLaw Inc.



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