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COMMONWEALTH v. GETZ (06/22/72)

decided: June 22, 1972.

COMMONWEALTH
v.
GETZ, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Lancaster County, No. 26 of 1971, in case of Commonwealth of Pennsylvania v. Leroy Harry Getz.

COUNSEL

James S. Sorrentino, Assistant Public Defender, for appellant.

Michael Ranck and George T. Brubaker, Assistant District Attorneys, and Clarence C. Newcomer, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone, and Packel, JJ. Dissenting Opinion by Hoffman, J. Spaulding, J., joins in this dissenting opinion.

Author: Per Curiam

[ 222 Pa. Super. Page 88]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

This is an appeal from appellant's 1971 guilty plea to burglary and larceny. The only issue raised by appellant in this appeal is the voluntariness of his guilty plea.

Prior to the lower court's acceptance of appellant's plea, the court conducted the following colloquy: "The Court: Mr. Getz, you have entered your plea of guilty to the charge of Burglary and Larceny and you appear with your counsel, nevertheless, the Court wishes to ascertain before accepting your plea whether you do this knowingly and intelligently and you are entering this plea with full knowledge? Defendant: Yes, sir. The Court: Also in so doing, you have waived the right to a trial by a jury? Defendant: Yes, sir. The Court: All right, state the facts, officer. Detective

[ 222 Pa. Super. Page 89]

McComsey: Well, on December 20, 1970, the defendant entered the Covenant United Methodist Church, 301 West Orange Street, Lancaster, and did steal a scrap book, two General Electric dimmer switches, a metal first aid box, and Philco stereo record ...


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