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COMMONWEALTH PENNSYLVANIA v. CHARLES TURNER (04/13/78)

decided: April 13, 1978.

COMMONWEALTH OF PENNSYLVANIA
v.
CHARLES TURNER, APPELLANT



No. 708 April Term, 1976, Appeal from the Sentence of the Court of Common Pleas, Criminal Division, Westmoreland County, Pennsylvania at No. 145, 144a January Term, 1976.

COUNSEL

Dante G. Bertani, Public Defender, Greensburg, for appellant.

David B. Wasson, Assistant District Attorney, Arnold, for Commonwealth, appellee.

Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Spaeth, J., files a concurring opinion in which Jacobs President Judge, and Hoffman, J., join as well as their joining in this Opinion Per Curiam. Price, J., files a dissenting opinion. Van der Voort, J., respectfully dissents and would remand this case to the court below for a determination of whether or not appellant knowingly and intelligently waived his right to file post-trial motions. Commonwealth v. Schroth, Author: Per Curiam

[ 255 Pa. Super. Page 507]

The judgment of sentence is vacated and the case is remanded for further proceedings consistent with Commonwealth v. McCusker, 245 Pa. Super. 402, 369 A.2d 465 (1976) (Dissenting Opinion by Spaeth, J.,), rev'd Pa. (No. 2850 Alloc. Dkt., Filed September 21, 1977.)

SPAETH, Judge, concurring:

This case presents the same issue as Commonwealth v. Marzik, 255 Pa. Super. 500, 388 A.2d 340 (1978). I concur for the reasons expressed in my concurring opinion in that case. See Pa.R.Crim.P. 1405(c) and 321.

PRICE, Judge, dissenting:

This case presents the same issue as Commonwealth v. Marzik, 255 Pa. Super. 500, 388 A.2d 340 (1978). I dissent for the reasons expressed in my dissenting opinion in that case.

19780413

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