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COMMONWEALTH PENNSYLVANIA v. ALFRED NERO (10/06/77)

decided: October 6, 1977.

COMMONWEALTH OF PENNSYLVANIA
v.
ALFRED NERO, APPELLANT



No. 339 October Term, 1976, Appeal from Order dated October 22, 1975 of the Court of Common Pleas, Trial Division, Criminal Section, County of Philadelphia, Pennsylvania, at No. 567 April Term, 1967.

COUNSEL

Michael A. Seidman, Philadelphia, for appellant.

Steven H. Goldblatt, Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, Philadelphia, for Commonwealth, appellee.

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

Author: Cercone

[ 250 Pa. Super. Page 19]

This is an appeal from an order denying appellant's petition for relief under the Post Conviction Hearing Act.*fn1

[ 250 Pa. Super. Page 20]

In April of 1967 appellant was indicted for aggravated robbery and conspiracy.*fn2 More than five years later on June 16, 1972, appellant entered a plea of guilty to aggravated robbery and the conspiracy charge was nolle prossed. Shortly thereafter, the Honorable Robert J. Williams, Jr. imposed a sentence of two to ten years imprisonment which he immediately suspended in favor of ten years probation. Most critically, no direct appeal was taken from this judgment of sentence.

In the following two years appellant twice appeared before Judge Williams for separate probation revocation hearings. On both occasions probation was revoked. The first time, Judge Williams relented on his initial decision to incarcerate and had appellant transferred to a drug treatment center. No appeal was taken. Following the second revocation hearing, however, on April 4, 1974, Judge Williams imposed a prison sentence of eighteen months to ten years.*fn3 Again, no appeal was taken.

On September 19, 1974, appellant filed a petition for relief under the Post Conviction Hearing Act. Judge Williams dismissed the petition without a hearing and that order was appealed to this court. On June 17, 1975, however, we approved a stipulation by both counsel remanding this matter for a hearing on appellant's petition. Following a hearing, Judge Doty denied the petition and this appeal followed.

Appellant contends that his guilty plea was not entered knowingly and intelligently, that his trial counsel was ineffective, and that he was not apprised of his appellate rights following the revocation of his probation.

Initially, we reject the contention that appellant was not apprised of his right to appeal when his probation was ultimately revoked on April 4, 1974. The record establishes that after ...


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