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COMMONWEALTH v. KOESTER (05/20/76)

SUPERIOR COURT OF PENNSYLVANIA


May 20, 1976

COMMONWEALTH
v.
KOESTER, APPELLANT.

Indictment charging defendant with unlawful delivery of a controlled substance and conspiracy. Before CALDWELL, J. Plea of guilty entered and judgment of sentence entered thereon. Defendant appealed. Appeal, No. 3, March T., 1976, from Court of Common Pleas of Dauphin County, Nos. 1192 and 1193 of 1974.

COUNSEL

Philip D. Freedman, Assistant Public Defender, for appellant; Marion E. MacIntyre, Second Assistant District Attorney, and LeRoy S. Zimmerman, 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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