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COMMONWEALTH v. CARDONA (05/20/76)

SUPERIOR COURT OF PENNSYLVANIA


May 20, 1976

COMMONWEALTH
v.
CARDONA, APPELLANT.

Indictment charging defendant with delivery of heroin and unlawful possession of heroin with intent to deliver. Before JOHNSTONE, JR., P.J. Plea of guilty entered and judgment of sentence entered thereon. Defendant appealed. Appeal, No. 1542, Oct. T., 1975, from Court of Common Pleas of Lancaster County, Nos. 1039 and 1040 of 1975.

COUNSEL

R.S. Trigg and Edward F. Browne, Jr., Assistant Public Defenders, for appellant; John A. Kenneff, Assistant District Attorney, and D. Richard Eckman, District Attorney, for Commonwealth, appellee.

Per Curiam: This case is remanded to the trial court to allow appellant to file a motion to withdraw his guilty plea nunc pro tunc. See Commonwealth v. Roberts, 237 Pa. Superior Ct. 336, 352 A.2d 140 (1975); See also, Commonwealth v. Lee, 460 Pa. 324, 333 A.2d 749 (1975); Commonwealth v. Zakrzewski, 460 Pa. 528, 333 A.2d 898 (1975).

19760520

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