February 5, 1976
Indictment charging defendant with theft by unlawful taking or disposition and unlawful possession of heroin with intent to deliver. Before BROWN, J. Appeal, No. 1151, Oct. T., 1975, from judgment of sentence of Court of Common Pleas of Lancaster County, Nos. 1576, 2065, and 2099 of 1974.
Edward F. Browne, Jr., Assistant Public Defender, for appellant; Louise G. Herr, Assistant District Attorney, and D. Richard Eckman, District Attorney, for Commonwealth, appellee.
Per Curiam: Case remanded to the court below to allow appellant to file a petition to withdraw his guilty plea nunc pro tunc.
PRICE, J., dissents for reasons stated in Commonwealth v. Roberts, 237 Pa. Superior Ct. 336, 352 A.2d 140 (1975).
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