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COMMONWEALTH PENNSYLVANIA v. GEORGE JONES (05/04/79)

SUPERIOR COURT OF PENNSYLVANIA


May 4, 1979

COMMONWEALTH OF PENNSYLVANIA
v.
GEORGE JONES, APPELLANT

No. 516 October Term, 1977, Appeal from Order of the Court of Common Pleas, Criminal Division, of Montgomery County, at No. 50 January Term, 1973

Before Jacobs, P.j., Hoffman, Cercone, Price, Van Der Voort, Spaeth, and Hester, JJ.

Per Curiam:

Order affirmed.

SPAETH, J. files a Dissenting Statement.

JACOBS, former P.J. and HOFFMAN, J. did not participate in the consideration or decision of this case.

SPAETH, J.:

The entire guilty plea colloquy in this case appears on pages 4 to 21 of the transcript dated January 26, 1976. An examination of this colloquy will show that the lower court: 1) failed to explain the elements of the crimes; 2) failed to tell appellant that he was not bound by any plea agreement unless he accepted it; and 3) accepted the pleas before inquiring into the factual basis for them. I should therefore reverse. See Commonwealth v. Tabb, Pa. , 383 A.2d 849 (1978); Commonwealth v. Ingram, 455 Pa. 198, 316 A.2d 77 (1974); Pa.R.Crim.P., Rule 319(a).

CERCONE, P.J. joins in this dissenting statement.

19790504

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