MEMORANDUM AND ORDER
HANNUM, District Judge.
This is a petition for writ of habeas corpus. On August 22, 1969, relator entered a plea of guilty before the Honorable Herbert S. Levin of the Court of Common Pleas of Philadelphia County on the charge of aggravated robbery as laid in Bill of Indictment No. 113 of January Sessions, 1969. On October 24, 1969, Judge Levin sentenced relator to a term of two to eight years. No direct appeal was taken from the trial court's judgment and sentence. Relator then filed a petition under the Post Conviction Hearing Act contending that:
1. His guilty plea was invalid.
2. He was deprived of his constitutional rights to representation by competent counsel.
3. There was no corpus delecti established.
A hearing on relator's Post Conviction Hearing Act petition was held on January 4, 1971 before the Honorable Ethan Allen Doty. Relator was represented by counsel. The relator in the instant petition essentially re-alleges the arguments raised at his Post Conviction hearing before Judge Doty. In an Opinion dated April 27, 1971, Judge Doty found that there was no basis for the charges brought by relator and dismissed the petition. Relator failed to take an appeal from the adverse decision of Judge Doty to which he had an absolute right. Act of January 25, 1966 (1965) P.L. 1580, Section 11, 19 P.S. § 1180-11.
Pursuant to this Court's Order of September 22, 1971, the District Attorney of Philadelphia County filed an answer to the above captioned petition for writ of habeas corpus. Thereafter, the relator submitted additional memorandum indicating that he attempted to take and appeal nunc pro tunc from the adverse decision of Judge Doty. On October 22, 1971, the District Attorney was requested to submit an amended answer. Paragraph 1 of the Amended Answer states:
"In para. 3 of the original Answer filed in this case, the Commonwealth averred that relator had failed to exhaust his state remedies because he had not taken an appeal from the decision of Judge Doty denying his request for relief under the Pennsylvania Post Conviction Hearing Act, 19 P.S. Sec. 1180-1 et seq. In that petition relator alleged that although he was aware that an appeal from denial of post-conviction relief must be taken within thirty days, he was under the impression that an appeal was being taken by Robert A. Rovner, Esquire, who was his counsel at the post-conviction hearing before Judge Doty. The petition for allowance of Appeal nunc pro tunc was denied per curiam on August 25, 1971."