Appeal from order of Court of Common Pleas of Erie County, Nos. 1438 and 1439 of 1967, in case of Commonwealth of Pennsylvania v. Robert L. Woolcutt.
Daniel Brocki, and Dunn, Wolford & Sesler, for appellant.
Michael M. Palmisano, First Assistant District Attorney, and William E. Pfadt, District Attorney, for Commonwealth, appellee.
Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Dissenting Opinion by Spaulding, J. Hoffman, J., joins in this dissenting opinion.
[ 217 Pa. Super. Page 92]
Dissenting Opinion by Spaulding, J.:
On March 14, 1968, appellant, Robert Woolcutt, pleaded guilty to charges of violating the Firearms Act and to aggravated assault and battery. After a Post Conviction hearing he was permitted to file an appeal nunc pro tunc, but his request for a new trial was denied. Appellant claims that since he was not informed of his rights to appeal his sentence, he is entitled to a new trial.
It has been stipulated by defense counsel and the District Attorney of Erie County that appellant was not informed of his appeal rights as required by Douglas v. California, 372 U.S. 353 (1963). That fact taken alone would not entitle him to a new trial, since by his guilty plea he has waived ...