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COMMONWEALTH v. DIMITRIS (12/11/74)

decided: December 11, 1974.

COMMONWEALTH
v.
DIMITRIS, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Lancaster County, Nos. 1104, 1283, and 1284 of 1973, in case of Commonwealth of Pennsylvania v. Harold Groff Dimitris.

COUNSEL

Penn B. Glazier, Assistant Public Defender, and Theodore S. Danforth, Public Defender, for appellant.

Louise G. Herr, Assistant District Attorney, and D. Richard Eckman, District Attorney, for Commonwealth, appellee.

Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Opinion by Cercone, J.

Author: Cercone

[ 231 Pa. Super. Page 470]

On September 27, 1973, appellant, Harold G. Dimitris, was found guilty of burglary and larceny, false reporting of a criminal offense, and corrupting the morals of a minor and after sentencing on these charges, took a timely appeal.

The problem before us concerns section (c) of the newly adopted Rule 1123 of the Pennsylvania Rules of Criminal Procedure, set forth as follows:

"(c) Upon the finding of guilt, the trial judge shall advise the defendant on the record:

"(1) of his right to file post-verdict motions and of his right to the assistance of counsel in the filing of such motions and on appeal of any issues raised therein;

"(2) of the time within which he must do so as set forth in paragraph (a); and

"(3) that only the grounds contained in such motions may be raised on appeal."

The record shows a complete absence of any compliance with this Rule by the lower court. The record further shows that post-verdict motions were not filed by appellant and there was not a knowing and intelligent ...


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