Appeal from order of Court of Common Pleas, Criminal Division, of Allegheny County, Feb. T., 1967, No. 71, in case of Commonwealth of Pennsylvania v. Edward Ferris.
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. Dissenting Opinion by Spaulding, J. Hoffman, J., joins in this dissent.
[ 219 Pa. Super. Page 330]
Dissenting Opinion by Spaulding, J.:
Appellant Edward Ferris appeals from the order of the Court of Common Pleas of Allegheny County, of September 14, 1970, denying post-conviction relief after a hearing. Appellant contends that his 1967 guilty plea to several indictments charging burglary, possession of narcotics, and violations of the Uniform Firearms Act, was entered in the belief that there was a binding plea bargain to limit his sentence to 5 to 10 years, and that he was not informed of his right to appeal. The actual sentence totaled 10 to 20 years.
The post-conviction hearing testimony of appellant's trial counsel disclosed that while he had informed appellant of the proposed bargain, he had not warned him that it was not binding, and he thought appellant had believed it was binding. Counsel explained that he had felt at the time of trial that appellant had no valid defense to the burglary charge, but that the evidence on the ...