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COMMONWEALTH v. ROBSON (05/20/76)

SUPERIOR COURT OF PENNSYLVANIA


May 20, 1976

COMMONWEALTH
v.
ROBSON, APPELLANT.

Indictment charging defendant with sodomy, corrupting the morals of minors, solicitation to commit deviate sexual intercourse and corrupting children. Before MCCORMICK, J. Plea of guilty entered and judgment of sentence entered thereon. Defendant appealed. Appeal, No. 457, April T., 1975, from Court of Common Pleas of Westmoreland County, July T., 1974, No. 831.

COUNSEL

Jack Sparacino, Assistant Public Defender, and Dante G. Bertani, Public Defender, for appellant; David B. Wasson, Assistant District Attorney, and Albert M. Nichols, 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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