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COMMONWEALTH v. SZEWCZYK (03/23/71)

decided: March 23, 1971.

COMMONWEALTH
v.
SZEWCZYK, APPELLANT



Appeal from order of Court of Common Pleas of Erie County, Nos. 110, 11, and 173 of 1967, in case of Commonwealth of Pennsylvania v. Walter Szewczyk.

COUNSEL

Ritchie T. Marsh, and Marsh, Spaeder, Baur, Spaeder & Schaaf, for appellant.

James R. Dailey, Assistant District Attorney, and Michael Palmisano, District Attorney, for Commonwealth, appellee.

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

Author: Per Curiam

[ 218 Pa. Super. Page 99]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Cercone, J.:

The defendant, Walter Szewczyk, was convicted in Erie County in 1967 on charges of obstructing an officer, possession of burglary tools, loitering, and prowling at night. At the end of 1967 he filed a petition under the Post Conviction Hearing Act*fn1 alleging that he had not been advised of his right to appeal and that his counsel at trial had been inadequate. At the hearing on these claims, the defendant, who was and is indigent, was represented by Attorney Charles Agresti, who was appointed by the Public Defender's Office of Erie County. After a full hearing, the court below denied the petition.

Attorney Agresti did not appeal the dismissal of this petition. The defendant then filed a second petition under the Post Conviction Hearing Act claiming that he was obstructed by State officials from filing an appeal from the dismissal of the first petition, and alleging that Attorney Agresti improperly failed to appeal from that dismissal. The second petition was denied without a hearing and the defendant now appeals to our court.

In Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967), ...


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