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COMMONWEALTH v. O'CONNOR (05/20/76)

SUPERIOR COURT OF PENNSYLVANIA


May 20, 1976

COMMONWEALTH
v.
O'CONNOR, APPELLANT.

Indictments charging defendant with larceny. Before CALDWELL, J: Plea of guilty entered and judgment of sentence entered thereon. Defendant appealed. Appeal, No. 2, March T., 1976, from Court of Common Pleas of Dauphin County, Nos. 1140 and 1141 of 1973.

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: Judgment of sentence is vacated and the case is remanded. Appellant is granted leave 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).

VAN DER VOORT, J., dissents as to vacating the sentence.

19760520

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