decided: December 21, 1978.
COMMONWEALTH OF PENNSYLVANIA, APPELLEE,
JAMES PITTMAN, APPELLANT
Appeal No. 262 March Term, 1977, from the Order of the Court of Common Pleas of Dauphin County at Nos. 384, 385, 386, 387, 388, 389, 390, 391, 392 of 1975; Lipsitt, Judge.
Marilyn C. Zilli, Assistant Public Defender, Harrisburg, for appellant.
Marion E. MacIntyre, Second Assistant District Attorney, Harrisburg, for Commonwealth, appellee.
Jacobs, President Judge, and Hoffman, Cercone, Price, Van der Voort, Spaeth and Hester, JJ. Hester, J., dissents. Hoffman, J., did not participate in the consideration or decision of this case.
Author: Per Curiam
[ 261 Pa. Super. Page 91]
[ 261 Pa. Super. Page 92]
The order dismissing appellant's Post Conviction Hearing Act Petition is vacated and the record remanded to the Court of Common Pleas of Dauphin County for a counseled evidentiary hearing. For the purposes of this hearing, counsel must be appointed from an office other than the Public Defender of Dauphin County and opportunity must be given to amend the pro se petition filed by appellant.
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