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COMMONWEALTH PENNSYLVANIA v. JAMES J. DESANTIS (04/28/77)

SUPREME COURT OF PENNSYLVANIA


decided: April 28, 1977.

COMMONWEALTH OF PENNSYLVANIA
v.
JAMES J. DESANTIS, APPELLANT

Appeal No. 132 March Term, 1976, from the Order of the Superior Court of Pennsylvania, sitting at Pittsburgh, 238 Pa. Super. 738, 357 A.2d 208, No. 205 April Term, 1975 Court of Common Pleas of Erie County, Pennsylvania, Criminal Division, at Nos. 847, 902 and 951 of 1972; Lindley R. McClelland, Judge.

COUNSEL

Harold J. Bender, Public Defender, Erie, for appellant.

Robert H. Chase, Dist. Atty., Frank J. Scutella, Asst. Dist. Atty., Erie, for appellee.

Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ.

Author: Per Curiam

[ 472 Pa. Page 258]

OPINION

Appellant appeals the dismissal of his Post-Conviction Hearing Act Petition.*fn1 He challenges the validity of his plea of guilty to charges of burglary and larceny on the ground that his on-the-record guilty plea colloquy was inadequate under Pa.R.Crim.P. 319. Although this claim was cognizable on direct appeal, e. g., Commonwealth v. Hines, 461 Pa. 271, 336 A.2d 280 (1975), appellant took no appeal from the judgment of sentence. In this PCHA proceeding, appellant has not alleged facts which would

[ 472 Pa. Page 259]

    justify his failure to raise this claim on appeal.*fn2 Accordingly, the claim has been waived, 19 P.S. ยง 1180-4(b); see, e. g., Commonwealth v. Hines, supra, and the counseled petition was properly dismissed.

Order affirmed.


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