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COMMONWEALTH v. TYLER (12/30/70)

SUPERIOR COURT OF PENNSYLVANIA


decided: December 30, 1970.

COMMONWEALTH
v.
TYLER, APPELLANT

Appeal from order of Court of Common Pleas, Criminal Division, of Allegheny County, Dec. T., 1952, No. 3, in case of Commonwealth of Pennsylvania v. Paul Tyler.

COUNSEL

John J. Dean, Assistant Public Defender, and George H. Ross, Public Defender, for appellant.

Carol Mary Los and Robert L. Campbell, Assistant District Attorneys, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.

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

Author: Per Curiam

[ 217 Pa. Super. Page 337]

Appellant filed a PCHA petition in the court below attacking the validity of his guilty plea. The PCHA court granted petitioner the right to appeal, but did not pass upon the validity of the guilty plea. 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).

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

Disposition

Order reversed and record remanded.

19701230

© 1998 VersusLaw Inc.



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