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COMMONWEALTH PENNSYLVANIA v. WALTER LEE ALLEN (05/23/78)

decided: May 23, 1978.

COMMONWEALTH OF PENNSYLVANIA
v.
WALTER LEE ALLEN, APPELLANT



COUNSEL

Michael R. Cauley, Assistant Public Defender, Erie, for appellant.

Bernard L. Siegel, First Assistant District Attorney, Erie, and Robert H. Chase, District Attorney, Erie, for Commonwealth, appellee.

Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Watkins, former President Judge, did not participate in the consideration or decision of this case.

Author: Per Curiam

[ 255 Pa. Super. Page 260]

Appellant, Walter Allen, entered guilty pleas without the assistance of counsel to charges of aggravated assault, carrying a firearm without a license and commission of a crime of violence with a firearm. Prior to accepting appellant's waiver of counsel, the lower court informed appellant of his right to the assistance of counsel, without cost if necessary. While this information may have been sufficient to establish a voluntary waiver, it was insufficient to establish

[ 255 Pa. Super. Page 261]

    that the waiver was knowingly and intelligently made. After reviewing the record, we hold that appellant did not knowingly and intelligently waive his right to counsel. Commonwealth v. Grant, 229 Pa. Super. 419, 323 A.2d 354 (1974); Commonwealth v. Morrison, 222 Pa. Super. 304, 294 A.2d 759 (1972). The judgment of sentence is therefore reversed, and the case is remanded for a new trial.

19780523

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