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COMMONWEALTH v. SPITLER (09/18/70)

decided: September 18, 1970.

COMMONWEALTH
v.
SPITLER, APPELLANT



Appeal from order of Court of Common Pleas of Berks County, Dec. T., 1968, No. 198, in case of Commonwealth of Pennsylvania v. Paul Lyle Spitler.

COUNSEL

Ralph W. D. Levan, Assistant Public Defender, for appellant.

Grant E. Wesner, Assistant District Attorney, with him Robert L. Van Hoove, District Attorney, for Commonwealth, appellee.

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

Author: Hoffman

[ 217 Pa. Super. Page 171]

Appellant alleges that his guilty plea was induced by certain misrepresentations made to appellant by his court-appointed attorney and the District Attorney. Although this claim presents a question of fact, no evidentiary hearing has been held on this issue. On the state of the record, we cannot make any decision at this time. Cf. Commonwealth v. Jones, 438 Pa. 86, 263 A.2d 360 (1970) (Roberts, J.).

We remand this case for a hearing on the question of whether appellant's plea was voluntarily entered. The court below should treat this proceeding as if it were a Post Conviction Hearing Act hearing. Cf. Act of January 25, 1966, P. L. (1965) 1580, 19 P.S. § 1180-9.

Disposition

Case remanded for a hearing.

19700918

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