April 8, 1976
Indictment charging defendant with escape. Before TERRIZZI, P.J. Appeal, No. 1334, Oct. T., 1975, from judgment of sentence of Court of Common Pleas of Huntingdon County, No. 172 of 1974.
Joseph W. Mullin, Public Defender, for appellant; Richard W. Linton, District Attorney, for Commonwealth, appellee.
Per Curiam: Case remanded to the 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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