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COMMONWEALTH v. MILLER (12/30/70)

SUPERIOR COURT OF PENNSYLVANIA


decided: December 30, 1970.

COMMONWEALTH
v.
MILLER, APPELLANT

Appeal from order of Court of Common Pleas of Fayette County, Nos. 11 and 114 1/2 of 1969, in case of Commonwealth of Pennsylvania v. Roger Allen Miller.

COUNSEL

Simon B. John, Assistant Public Defender, for appellant.

Daniel G. Reilly, Assistant District Attorney, and Joseph E. Kovach, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Wright, P. J., dissents.

Author: Per Curiam

[ 217 Pa. Super. Page 336]

Appellant filed a PCHA petition in the court below attacking the validity of his guilty pleas. The PCHA court granted petitioner the right to appeal, but did not pass upon the validity of the guilty pleas. In such cases, the PCHA court should permit an amended petition, setting forth all claims petitioner wishes to raise with respect to his conviction and sentence, and proceed to hear them if non-frivolous and not clearly refuted by the record. Commonwealth v. Lowery, 438 Pa. 89, 263 A.2d 332 (1970); Commonwealth v. Williams, 216 Pa. Superior Ct. 355, 267 A.2d 880 (1970).

Order reversed and record remanded for proceedings consistent with this opinion.

Disposition

Order reversed and record remanded.

19701230

© 1998 VersusLaw Inc.



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