No. 848 October Term, 1977, Appeal from the Order of the Court of Common Pleas of Philadelphia County, Trial Div. Criminal Section, denying Post Conviction relief on Indictment Nos. 1028-1030 July Sessions, 1971.
Abram Frank Reynolds, Philadelphia, for appellant.
Michael R. Stiles, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.
Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Price, J., concurs in the result. Cercone and Van der Voort, JJ., dissent. Watkins, former President Judge, and Hoffman, J., did not participate in the consideration or decision of this case.
[ 261 Pa. Super. Page 237]
This appeal arises from the denial of appellant's most recent P.C.H.A. petition. The issue for our determination is whether the court below erred in dismissing the petition without a hearing. For the reasons that follow, we hold it did, and therefore vacate the order entered below and remand for further proceedings.
On May 22, 1971, appellant was arrested and charged with burglary, attempted burglary, larceny, and receiving stolen goods. A habeas corpus petition alleging violation of appellant's right to a speedy trial was denied on January 10, 1971, whereupon appellant filed a motion to suppress evidence. When the suppression motion was denied, appellant was tried before Judge STOUT without a jury, and convicted of burglary, attempted burglary, and larceny. Following the denial of post-trial motions, a sentence of three concurrent terms of ten to twenty years imprisonment was imposed. On direct appeal, we affirmed per curiam: Commonwealth v. Cochran, 225 Pa. Super. 710, 306 A.2d 337, allocatur denied, 225 Pa. Super. xliii (1973).
On June 12, 1973, appellant filed a pro se P.C.H.A. petition, which was denied by Judge STOUT without appointing counsel or holding an evidentiary hearing. We affirmed the denial of post-conviction relief per curiam: Commonwealth v. Cochran, 231 Pa. Super. 705, 326 A.2d 534 (1974).
[ 261 Pa. Super. Page 238]
A second P.C.H.A. petition was filed on November 4, 1974, and counsel was appointed to represent appellant. After evidentiary hearings, relief was denied by Judge DOTY. Once again, we affirmed per curiam: Commonwealth v. Cochran, 238 Pa. Super. 736, 357 A.2d 224, allocatur denied, 238 Pa. Super. xxxix (1976).
On July 21, 1976, appellant filed a third P.C.H.A. petition pro se. With leave of court, this petition was amended and filed again, but Judge STOUT denied relief without a hearing. This appeal followed.
In his third P.C.H.A. petition, appellant indicated his eligibility for relief for the following reasons:
1) Unconstitutional suppression of evidence by the state, in the alteration and mutilation of the trial transcript, and the transcript of ...