Appeal from order of Court of Common Pleas of York County, Oct. T., 1964, No. 9, in case of Commonwealth of Pennsylvania v. Jose Paneto Maisonet.
Gerald E. Ruth, Public Defender, for appellant.
Gary M. Gilbert, Assistant District Attorney, and Harold N. Fitzkee, Jr., District Attorney, for Commonwealth, appellee.
Bell, C. J., Jones, Eagen, O'Brien, Roberts, Pomeroy and Barbieri, JJ. Opinion by Mr. Chief Justice Bell.
On January 4, 1965, appellant, Jose Paneto Maisonet, while represented by counsel, entered a guilty plea to murder generally. Subsequently appellant was
adjudged guilty of murder in the second degree and sentenced to from 10 to 20 years' imprisonment.
Since that time, appellant has filed three applications for writs of habeas corpus, or relief under the Post Conviction Hearing Act.*fn* The third of these applications was a PCHA petition on September 3, 1966,*fn** in which counsel was appointed to represent appellant. After a hearing on that petition, relief was denied, and on appeal to our Court, we affirmed. Commonwealth v. Maisonet, 426 Pa. 602, 230 A.2d 733.
Appellant filed a fourth application in the form of a PCHA petition, alleging that he was not advised of his right to file post-trial motions nor his right to appeal. The lower Court found that under Section 4 of the Post Conviction Hearing Act, this issue had been waived, and therefore denied relief. This appeal was then taken.
The sole question before our Court is whether the lower Court properly held that under Section 4 of the Post Conviction Hearing Act appellant had waived his right to raise these issues.
The Post Conviction Hearing Act, Section 4, provides in ...