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DANIEL J. MCCUSKER v. COMMONWEALTH PENNSYLVANIA (09/21/77)

SUPREME COURT OF PENNSYLVANIA


decided: September 21, 1977.

DANIEL J. MCCUSKER, PETITIONER,
v.
COMMONWEALTH OF PENNSYLVANIA

COUNSEL

Joseph W. Mullin, Public Defender, Huntingdon, for petitioner.

Stewart L. Kurtz, Dist. Atty., Huntingdon, for respondent.

Author: Per Curiam

[ 485 Pa. Page 314]

ORDER

The record in the instant case reveals that appellant, Daniel J. McCusker, was not informed of his right to file post-verdict motions following the acceptance of his plea of nolo-contendere.

Therefore, judgment of the sentence is vacated and the case is remanded for the filing of post-verdict motions nunc pro tunc. See Pa.R.Crim.P. 1123(a), (b) and (c); Commonwealth v. Tate, 464 Pa. 25, 346 A.2d 1 (1975). Following disposition of said motions by the trial court, either side shall be entitled to file a new appeal.

19770921

© 1998 VersusLaw Inc.



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