July 12, 1978
Patrick J. Flannery, Assistant Public Defender, for appellant; Patrick J. Toole, Jr., District Attorney, for Commonwealth, appellee.
Opinion PER CURIAM: The case is remanded to the lower court for filing of a petition to withdraw the guilty plea. Commonwealth v. Marzik, Pa. Super. , 388 A.2d 340 (1978). PRICE and VAN der VOORT, JJ., dissented for the reasons cited in Judge PRICE's dissenting opinion in Commonwealth v. Marzik, supra. WATKINS, former P.J., did not participate in the consideration or decision of this case.
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