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COMMONWEALTH v. NEIL (04/15/71)

SUPERIOR COURT OF PENNSYLVANIA


decided: April 15, 1971.

COMMONWEALTH
v.
NEIL, APPELLANT

Appeal from order of Court of Common Pleas of Franklin County, No. 406 of Oyer and Terminer 1967, in case of Commonwealth of Pennsylvania v. Merle Arthur Neil.

COUNSEL

David C. Cleaver, and Black and Davison, for appellant.

David S. Dickey, Assistant District Attorney, for Commonwealth, appellee.

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

Author: Cercone

[ 218 Pa. Super. Page 198]

This case represents the same procedural problem presented in Commonwealth v. Rosenberger, 218 Pa. Superior Ct. 95, 279 A.2d 308 (1971). The appellant was convicted on the basis of his plea of guilty to various criminal charges. He filed a petition under the Post Conviction Hearing Act (Act of January 25, 1966, P. L. (1965) 1580, 19 P.S. ยง 1180.1 et seq.) and a hearing was held. The court properly rejected appellant's other claims of error, but found that he had never been properly advised of his right to appeal. Therefore, the court granted appeal rights nunc pro tunc. This was improper under Commonwealth v. Lowery, 438 Pa. 89, 263 A.2d 332 (1970), for the reasons stated in our opinion in Commonwealth v. Rosenberger, supra.

We therefore reverse that part of the hearing court's decision which grants appellant appeal rights nunc pro tunc.

Disposition

Order reversed as to appeal rights nunc pro tunc.

19710415

© 1998 VersusLaw Inc.



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