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COMMONWEALTH v. FOSTER (05/21/70)

May 21, 1970

COMMONWEALTH
v.
FOSTER, APPELLANT.



Petition for post-conviction relief. Appeal, No. 672, Oct. T., 1969, from order of Court of Common Pleas of Philadelphia, Trial Division, Aug. T., 1965, No. 1387, opinion by SLOANE, J.

COUNSEL

James J. DeMarco, and DeMarco and DeMichele, for appellant; James D. Crawford, Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Opinion PER CURIAM: Appellant filed a PCHA petition alleging denial of his right to competent counsel and his right of appeal. No hearing was held on his allegation with respect to counsel. He was, however, granted leave to file post-trial motion nunc pro tunc, which were overruled. Upon review of those two dispositions, we enter the following: Judgment of sentence affirmed; the order of the PCHA court is vacated and the record remanded for a hearing on the issue of representation by competent counsel.

19700521

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