No. 578 January Term 1976, Appeal from the Order of the Superior Court at No. 1869 October Term 1975, affirming the judgment of sentence of the Court of Common Pleas of Lehigh County, Criminal Division, at Nos. 1110 and 1131 of 1972.
David F. Dunn, Allentown, for appellant.
George J. Joseph, Dist. Atty., Wardell F. Steigerwalt, Asst. Dist. Atty., James B. Martin, Allentown, for appellee.
Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix, Manderino and Packel, JJ. Packel, former J., did not participate in the decision of this case. Nix, J., concurs in the result.
On September 25, 1972, appellant, Ronald Lee Williams, was convicted by a jury in Lehigh County of being an accessory before and after the fact to forging stolen money orders and an accessory before the fact to counterfeiting an American Express Traveler's check. Following a denial of post-verdict motions, a prison sentence was imposed. Williams' direct appeal to the Superior Court resulted in an affirmance of the judgment without opinion, Commonwealth v. Williams, 231 Pa. Super. 804, 331 A.2d 526 (1975).
Later in 1975, Williams filed a petition in the trial court seeking post conviction relief, Act of January 25, 1966, P.L. (1965) 1580 §§ 1 et seq., 19 P.S. §§ 1180-1 et seq. After a
counseled evidentiary hearing, the petition was dismissed. On appeal the Superior Court affirmed without opinion. We granted allocatur and reinstated Williams' bail pending disposition of the appeal. We now affirm the order of the Superior Court for this reason.
Williams contends he is entitled to a new trial because his self-retained trial counsel failed to provide "competent representation."*fn* However, a check of the records discloses that this issue was not raised in the direct appeal to the Superior Court from the judgment of sentence and that Williams was there represented by new counsel, that is, counsel other than trial counsel. Under the circumstances, the issue has been waived. Commonwealth v. Seachrist, 478 Pa. 621, 387 A.2d 661 (1978); Commonwealth v. May, 476 Pa. 385, 382 A.2d 1223 (1978); Commonwealth v. Smallwood, 465 Pa. 392, 350 A.2d 822 (1976); Commonwealth v. Dancer, 460 Pa. 95, 335 A.2d 435 (1975).
Order affirmed. The order of May 27, 1976, reinstating ...