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COMMONWEALTH PENNSYLVANIA v. THOMAS TABB (03/23/78)

decided: March 23, 1978.

COMMONWEALTH OF PENNSYLVANIA
v.
THOMAS TABB, APPELLANT



COUNSEL

Thomas C. Carroll, Philadelphia, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Deputy Dist. Atty. for Law, Michael R. Stiles, Asst. Dist. Atty., Chief, Appeals Div., Adrian DiLuzio, Asst. Dist. Atty., for appellee.

Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix, Manderino and Packel, JJ. Packel, former J., did not participate in the decision of this case.

Author: Manderino

[ 477 Pa. Page 117]

OPINION OF THE COURT

On June 9, 1975, appellant was convicted of murder of the third degree and robbery, following the entry of a guilty plea. He filed a pro se appeal from his convictions on June 30, 1975, and new counsel was appointed to pursue his

[ 477 Pa. Page 118]

    appeal. Upon petition of the prosecution the matter was remanded for an evidentiary hearing on the issue of the effectiveness of trial counsel and the adequacy of the guilty plea colloquy. After the hearing, relief was denied. Appellant then appealed both convictions.

Appellant contends here, as he did in the trial court, that the on-the-record colloquy prior to his guilty plea was deficient under Pa.R.Crim.P. 319(a) and Commonwealth v. Ingram, 455 Pa. 198, 316 A.2d 77 (1974). We agree that the on-the-record colloquy does not meet the required standards.

While the transcript of the guilty plea proceedings consists of ten pages, only the following discussion appears between the trial court and appellant concerning the charges against him:

"THE COURT: Now, you are pleading guilty to a bill of indictment charging murder and a bill of indictment charging robbery which means that you are admitting that on December 10th, 1974, you wilfully and with malice aforethought killed and murdered Martin Silver. Do you understand that?

THE DEFENDANT: Yes, sir.

THE COURT: And that on that same date in the course of committing a theft on Martin Silver in which $87 in United States currency was taken from him you did inflict serious ...


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