April 8, 1976
Indictment charging defendant with theft. Before JOHNSTONE, JR., P.J., without a jury. Appeal, No. 1888, Oct. T., 1975, from judgment of sentence of Court of Common Pleas of Lancaster County, Nos. 1090, 1432, and 1433 of 1975.
Edward F. Browne, Jr., Assistant Public Defender, for appellant; Joseph C. Madenspacher, Assistant District Attorney, and D. Richard Eckman, District Attorney, for Commonwealth, appellee.
Per Curiam: Case remanded to lower court to allow appellant to file a petition to withdraw his guilty plea nunc pro tunc. See Commonwealth v. Roberts, 237 Pa. Superior Ct. 336 (1975) and Commonwealth v. Velasquez, 238 Pa. Superior Ct. 368 (1976).
WATKINS, P.J., and PRICE, J., dissent on the basis of the dissenting opinion in Commonwealth v. Roberts, supra.
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