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COMMONWEALTH v. NEELY (10/04/72)

decided: October 4, 1972.

COMMONWEALTH
v.
NEELY, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Berks County, No. 1415 of 1969, in case of Commonwealth of Pennsylvania v. Harold Neely.

COUNSEL

Norman E. Dettra, Jr., with him Rhoda, Stoudt & Bradley, for appellant.

Grant E. Wesner, Deputy District Attorney, with him Robert L. Van Hoove, District Attorney, for Commonwealth, appellee.

Jones, C. J., Eagen, O'Brien, Roberts, Nix and Manderino, JJ. Mr. Justice Pomeroy took no part in the consideration or decision of this case. Concurring Opinion by Mr. Justice Roberts. Mr. Justice Nix and Mr. Justice Manderino join in this opinion.

Author: Per Curiam

[ 449 Pa. Page 4]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.*fn*

Concurring Opinion by Mr. Justice Roberts:

Although I concur in the result reached by the Court that the trial court did not err in disallowing the appellant's request to withdraw his plea of guilty, I do so by adopting the ABA Standards Relating to Pleas of Guilty. The Standards state in pertinent part that:

"(a) the court should allow the defendant to withdraw his plea of guilty or nolo contendere whenever the

[ 449 Pa. Page 5]

    defendant, upon a timely motion for withdrawal, proves that withdrawal is necessary to ...


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