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COMMONWEALTH v. FRANCHI (07/12/78)

July 12, 1978

COMMONWEALTH
v.
FRANCHI, APPELLANT.



COUNSEL

Robert F. Pappano, Assistant Public Defender, for appellant; Frank T. Hazel, District Attorney, for Commonwealth, appellee.

Opinion PER CURIAM: Order of the court below dismissing petition under Post Conviction Hearing Act reversed and case remanded with directions to conduct a hearing on the petition. HOFFMAN and SPAETH, JJ., would remand for resentencing on the basis of Judge HOFFMAN's dissenting opinion in Commonwealth v. McCabe, 242 Pa. Super. 413, 364 A.2d 338 (1976). PRICE, J., dissented and would affirm.

19780712

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