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COMMONWEALTH v. LEMONS (04/08/76)

SUPERIOR COURT OF PENNSYLVANIA


April 8, 1976

COMMONWEALTH
v.
LEMONS, APPELLANT.

Indictments charging defendant with receiving stolen property, violation of The Controlled Substance, Drug, Device and Cosmetic Act, burglary, theft of movable property, theft by receiving stolen property and criminal conspiracy. Before CIRILLO, J. Appeal, No. 1600, Oct. T., 1975, from judgment of sentence of Court of Common Pleas of Montgomery County, Oct. T., 1974, No. 3798.

COUNSEL

Calvin S. Drayer, Jr., Assistant Public Defender, for appellant; Stewart J. Greenleaf, Assistant District Attorney, William T. Nicholas, First Assistant District Attorney, and Milton O. Moss, 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.

19760408

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