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COMMONWEALTH v. MILLER (10/22/70)

October 22, 1970

COMMONWEALTH
v.
MILLER, APPELLANT.



Appeal, No. 368, Oct. T., 1970, from order of Court of Common Pleas of Schuylkill County, March T., 1966, Nos. 312, 313, and 315.

COUNSEL

William D. Balitas, Public Defender, for appellant; Joseph Holochusk, Assistant District Attorney, and Richard B. Russell, District Attorney, for Commonwealth, appellee.

Before Curran, P.j.

Opinion PER CURIAM: At the PCHA hearing the court below found appellant's plea of nolo contendere valid. The sentence is valid and lawful. Order affirmed as to the validity of the plea and sentence; order reversed insofar as it allows appellant to appeal nunc pro tunc. See Commonwealth v. Lowery, 438 Pa. 89, 263 A.2d 332 (1970).

19701022

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