May 20, 1971
Indictment charging defendant with prison breach.
Bruce S. Miller, Assistant Public Defender, and Peter J. Webby, Public Defender, for appellant; Jerry B. Chariton, Assistant District Attorney, Charles D. Lemmond, Jr., First Assistant District Attorney, and Blythe H. Evans, Jr., District Attorney, for Commonwealth, appellee.
Before Olszewski, J.
Opinion PER CURIAM: Appellant was convicted of prison breach and is appealing from judgment of sentence. This case raises a question identical in all relevant respects with the appeal in Commonwealth v. Bartol, 218 Pa. Superior Ct. 191, 279 A.2d 771 (1971).
As was the case in Bartol, we believe that appellant has not received effective representation on appeal. We thus remand the record to the lower court with directions to require counsel to follow the correct procedures to assure appellant effective representation by counsel.
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