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COMMONWEALTH PENNSYLVANIA v. WILLIAM BROWN (06/29/77)

decided: June 29, 1977.

COMMONWEALTH OF PENNSYLVANIA
v.
WILLIAM BROWN, APPELLANT



No. 1467 October Term, 1976 Appeal from the Judgment of Sentence of the Court of Common Pleas of Philadelphia County, Trial Divison, Criminal Secton, as of Nos. 1304-1306 and 1309, April Sessions, 1975.

COUNSEL

Donald G. Joel, Philadelphia, for appellant.

Steven H. Goldblatt and Deborah E. Glass, Assistant District Attorneys, Philadelphia, for appellee.

Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ.

Author: Hoffman

[ 248 Pa. Super. Page 291]

Appellant, found guilty on three counts of robbery, and on one count of rape and conspiracy, raises eleven allegations of error in his brief before this Court. However, appellant filed only boiler plate post-trial motions. A review of the colloquy after the verdict was returned indicates that the lower court did not inform appellant of the necessity of filing specific motions in order to preserve his claims for our review. Rule 1123(c), Pa.R.Crim.P., 19 P.S.Appendix. Therefore, we must remand for filing of those motions nunc pro tunc. Commonwealth v. Miller, 469 Pa. 370, 366 A.2d 220 (1976).*fn1

Appellant was arrested on March 16, 1975, and indicted by the Philadelphia County March, 1975 Grand Jury. Trial commenced before a jury on December 29, 1975. After the lower court granted appellant's demurrer to the charge of burglary the jury found appellant guilty of the remaining charges.*fn2 At the close of trial, the following discussion occurred between counsel for appellant and his co-defendants and the lower court:

"[Counsel for co-defendant Jenkins]: Well, your Honor, I am suggesting we have a conversation relative to sentencing, which would make a determination as to any future motions, your Honor.

"THE COURT: I think it would be improper at this time.

"Do you have any other motions?

"[Counsel for Jenkins]: Then we would like time to file motions for arrest of judgment.

[ 248 Pa. Super. Page 292]

"THE COURT: Motions for a new trial and motions in ...


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