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COMMONWEALTH v. PETERS (05/20/76)

SUPERIOR COURT OF PENNSYLVANIA


May 20, 1976

COMMONWEALTH
v.
PETERS, APPELLANT.

Indictments charging defendant with burglary, theft by unlawful taking or disposition, unlawful possession of instruments of crime and unlawful possession of a prohibited offensive weapon. Before BUCHER, J., without a jury. Pleas of guilty entered and judgment of sentence entered thereon. Defendant appealed. Appeal, No. 1503, Oct. T., 1975, from Court of Common Pleas of Lancaster County, Nos. 583, 854, 855, 856, 2030 to 2034, inclusive, 2036 to 2039, inclusive, 2094 to 2097, inclusive, and 2191 to 2195, inclusive, of 1974, and Nos. 82 to 85, inclusive, of 1975.

COUNSEL

Edward F. Browne, Jr., and R.S. Trigg, Assistant Public Defenders, for appellant; Charles A. Achey, Jr., Assistant District Attorney, and D. Richard Eckman, 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, 352 A.2d 140 (1975) and Commonwealth v. Velasquez, 238 Pa. Superior Ct. 368, 357 A.2d 155 (1976). If such petition is filed, the lower court shall simultaneously consider any claims raised by appellant regarding the legality of sentence.

19760520

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