May 21, 1970
Appeal, No. 48, March T., 1969, from order of Court of Quarter Sessions of York County, Jan. T., 1966, No. 275.
Gerald E. Ruth, Public Defender, for appellant; Joseph Erb, Assistant District Attorney, and Harold N. Fitzkee, Jr., District Attorney, for Commonwealth, appellee.
Before Atkins, P.j.
Opinion PER CURIAM: In this appeal from the denial of PCHA relief on appellant's guilty plea, it appears that the PCHA hearing notes of testimony are unobtainable. Order vacated and the record remanded for a hearing on the issues raised by the original or an amended PCHA petition, and for the production of notes of testimony at such hearing, the district attorney being in agreement. See Commonwealth v. Lowery, 438 Pa. 89, 263 A.2d 332 (1970).
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