decided: December 28, 1978.
COMMONWEALTH OF PENNSYLVANIA
CLARENCE BILLETT, APPELLANT
No. 527 April Term, 1977, Appeal from Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Lawrence County at No. 775, 775D and 775I of 1976.
Claude V. Falkenhan, Pittsburgh, for appellant.
No appearance entered nor brief submitted for Commonwealth, appellee.
Jacobs, President Judge, and Hoffman, Cercone, Price, Van der Voort, Spaeth and Hester, JJ. Van der Voort, J., dissents. Hoffman, J., did not participate in the consideration or decision of this case.
Author: Per Curiam
[ 262 Pa. Super. Page 42]
On direct appeal, appellant is challenging the voluntariness of his guilty plea without having first filed a petition with the lower court to withdraw that plea as required by Commonwealth v. Roberts, 237 Pa. Super. 336, 352 A.2d 140 (1975). However, a review of the record in this case shows that there were no warnings given to appellant of the consequences on appeal of this failure to file a petition to withdraw his guilty plea prior to challenging its validity.
Therefore, the judgment of sentence is vacated, and the case remanded for the filing of a petition nunc pro tunc as mandated by Commonwealth v. Johnson, 258 Pa. Super. 214, 392 A.2d 760 (1978).
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