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COMMONWEALTH PENNSYLVANIA v. WALTER HARROD (11/14/78)

decided: November 14, 1978.

COMMONWEALTH OF PENNSYLVANIA
v.
WALTER HARROD, APPELLANT



No. 1656 October Term, 1977, Appeal from the Judgment of Sentence of the Court of Common Pleas, Trial Division, Criminal Section of Philadelphia County, Nos. 764-766, November Session, 1976.

COUNSEL

Warren R. Hamilton, Philadelphia, for appellant.

Robert B. Lawler, Assistant District Attorney, and Edward G. Rendell, District Attorney, Philadelphia, for Commonwealth, appellee.

Jacobs, President Judge, and Hoffman, Cercone, Price, Van der Voort, Spaeth and Hester, JJ. Hester, J., files a dissenting statement, in which Van der Voort, J., joins. Hoffman, J., did not participate in the consideration or decision of this case.

Author: Per Curiam

[ 260 Pa. Super. Page 314]

Appellant contends that we should remand for a new certification hearing because the lower court's reasons for certifying appellant to stand trial as an adult were not sufficiently specific to allow this Court to make a meaningful review. Because we agree, we remand for a new certification hearing.

On September 15, 1976, Philadelphia police arrested appellant on charges stemming from the robbery one hour earlier of Thelma Haines. Appellant was 17 years old. On November 3, 1976, after a hearing, the Juvenile Division of the lower court certified appellant to stand trial as an adult. In making its determination, the court noted only:

"As to the defendant Harrod, I have read his record which is very extensive where efforts have been made to help him, and I don't see where we can be of any further help to him. I find that we have exhausted our facilities and that we are unable to help him further.

"I find that a prima facie case has been established on all charges.

"I find that he is not committable to an institution for the mentally ill."

[ 260 Pa. Super. Page 315]

On February 10, 1976, after a non-jury trial, the lower court found appellant guilty of robbery, criminal conspiracy, possession of an instrument of crime, and simple assault. On April 26, 1976, the court noted for the record details of appellant's juvenile record,*fn1 denied appellant's post-verdict motions, and sentenced appellant to two and one-half to seven years imprisonment for robbery, three years probation for criminal conspiracy, to run consecutively with the ...


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