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COMMONWEALTH v. BROWN (05/20/71)

SUPERIOR COURT OF PENNSYLVANIA


decided: May 20, 1971.

COMMONWEALTH
v.
BROWN, APPELLANT

Appeal from order of Court of Common Pleas of Dauphin County, Sept. T., 1966, Nos. 601, 603, 607-609, and Jan. T., 1967, Nos. 65, 148, and 201, in case of Commonwealth of Pennsylvania v. Alfred Brown.

COUNSEL

Thomas C. Zerbe, Jr., Assistant Public Defender, for appellant.

Jerome T. Foerster, Assistant District Attorney, LeRoy S. Zimmerman, District Attorney, for Commonwealth, appellee.

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

Author: Per Curiam

[ 218 Pa. Super. Page 303]

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

[ 218 Pa. Super. Page 304]

    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.

19710520

© 1998 VersusLaw Inc.



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