Appeal from the Order dated October 6, 1975, of the Court of Common Pleas of Montgomery County, Criminal, at No. 377 June Term, 1968. No. 401 October Term, 1976.
Calvin S. Drayer, Jr., Assistant Public Defender, Norristown, for appellant.
Bert M. Goodman, Assistant District Attorney, Lansdale, and Eric J. Cox, Assistant District Attorney, Conshohocken, for appellee.
Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ.
[ 246 Pa. Super. Page 578]
On November 15, 1968, Montgomery County issued indictments against appellant charging him with various theft offenses. Trial was scheduled for February 16, 1970. However, when appellant failed to appear, a bench warrant for his arrest was issued.
Shortly thereafter, appellant was apprehended by Philadelphia authorities on unrelated charges. He was sentenced in Philadelphia to a term of imprisonment of one to three years. While appellant was imprisoned on the Philadelphia charges, Montgomery County lodged a detainer against him.
When appellant was paroled on the Philadelphia charges, he was taken into custody by Montgomery County officials. On December 30, 1970 appellant pleaded
[ 246 Pa. Super. Page 579]
guilty to the aforementioned Montgomery County charges, and he was sentenced to imprisonment for six months to five years. After serving the minimum sentence, appellant was paroled. While on parole, he was again convicted in Philadelphia of further crimes.
On May 13, 1975, appellant filed a pro se petition under the Post Conviction Hearing Act,*fn1 alleging that the Montgomery County convictions were obtained in violation of Pa.R.Crim.P. 1100. Counsel for appellant was appointed, and on August 1, 1975, a supplemental petition was filed alleging that appellant had been denied the effective assistance of counsel. At the PCHA hearing held on October 3, 1975, appellant was the sole witness.*fn2 On October 6, 1975, the lower court dismissed both the original and supplemental petitions. We affirm.
On appeal, appellant has abandoned his Rule 1100 claim and relies exclusively on his allegation that he was denied effective assistance of counsel. Although appellant failed to raise this issue on direct appeal, it is properly before us now. Commonwealth v. Hubbard, 472 Pa. 259, 372 A.2d 687 (1977); Commonwealth v. Dancer, 460 Pa. 95, 331 A.2d 435 (1975). Specifically, appellant complains that he was not informed of his right to a speedy trial under the Act of June 28, 1957, P.L. 428, § 1 (19 P.S. § 881). That statute provides in part:
"Whenever any person has entered upon any term of imprisonment in any state, county or municipal penal or correctional institution of this Commonwealth, and whenever ...