No. 164 January Term, 1976, Appeal from the Judgment of Sentence of the Court of Common Pleas, Trial Division, Criminal Section of Philadelphia County at No. 486, January Term, 1975
Timothy J. Savage, Philadelphia, for appellant.
Edward G. Rendell, Dist. Atty., Steven H. Goldblatt, Deputy Dist. Atty., for appellee.
Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix, Manderino and Larsen, JJ. Manderino, J., files a dissenting opinion.
Appellant, Gary Johnson, was found guilty of murder of the first degree. Post-trial motions were filed, argued and denied; thereafter, Johnson was sentenced to life imprisonment and this appeal followed.*fn1 We affirm the judgment of sentence.
Johnson raises two issues before this Court.*fn2 First, it is argued that the trial court erred in allowing the admission of evidence regarding prior criminal conduct on the part of the appellant. Such an issue, however, was not raised in written post-trial motions and accordingly has been waived. Commonwealth v. Blair, 460 Pa. 31, 331 A.2d 213 (1975). Second, it is alleged that appellant was denied his constitutional right to effective representation by counsel when his trial lawyer failed to obtain an investigative report pertaining to a prosecution witness, one Anthony Brothers.*fn3 Appellant has failed, however, to establish either that the report does in fact exist or, if it does, that it contains any information which would have been pertinent to the cross-examination of Brothers. Absent this information there is nothing to show ineffectiveness of counsel. On this record the appellant is entitled to no relief.
Judgment of sentence affirmed.
MANDERINO, Justice, dissenting.
I dissent. We have frequently said that counsel in a direct appeal to this Court from a judgment of sentence should raise all issues including the issue of ineffectiveness of trial counsel or post-verdict counsel. If that issue is raised and can be decided on the record before us we proceed to decide the issue. If that ...