F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., James Shellenberger, Philadelphia, for appellant.
Joel Every, Philadelphia, for appellee.
Roberts, Justice. Pomeroy, J., filed a dissenting opinion in which Eagen, J., joins. Jones, C. J., did not participate in the consideration or decision of this opinion.
This is a companion case to Commonwealth v. Minor, 467 Pa. , 356 A.2d 346 (1975).
Appellee was arrested and indicted on four bills, each charging burglary, larceny and receiving stolen goods. He pled guilty to three of these bills.
On appeal to the Superior Court appellee argued that his guilty pleas were not knowingly, intelligently and voluntarily entered because the elements of the charges to which he pled guilty were not explained to him. The Superior Court, in an unanimous opinion which relied on
pre- Ingram*fn1 law,*fn2 agreed, and reversed his conviction, remanding for a new trial. This Court granted the Commonwealth's petition for appeal.*fn3 We affirm the Superior Court, relying on Minor, supra.
The basis for reversal is well-stated by the Superior Court:
"The record shows the following, inter alia, in the colloquy at the guilty plea hearing:
Defense counsel: Do you understand you are in court and you are charged with ...