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COMMONWEALTH v. FULLUM (05/20/76)

SUPERIOR COURT OF PENNSYLVANIA


May 20, 1976

COMMONWEALTH
v.
FULLUM, APPELLANT.

Indictments charging defendant with rape, assault and battery with intent to ravish, indecent assault, assault and battery, aggravated assault and battery and wantonly pointing a firearm. Before VOGEL, J. Plea of guilty entered and judgment of sentence entered thereon. Defendant appealed. Appeal, No. 1060, Oct. T., 1975, from Court of Common Pleas of Montgomery County, Oct. T., 1974, No. 4130.2.

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: The 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); Commonwealth v. Zakrzewski, 460 Pa. 528, 333 A.2d 898 (1975).

PRICE, J., dissents on the basis of his dissenting opinion in Commonwealth v. Roberts, supra, 237 Pa. Superior Ct. 336, 340 (1975).

19760520

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