No. 476 APRIL TERM, 1978 Appeal from the Order of the Court of Common Pleas, Criminal, of Washington County, at Nos. 469 and 573 of 1974 and Nos. 295 and 308 of 1973.
John P. Liekar, Assistant Public Defender, Canonsburg, for appellant.
Jess D. Costa, District Attorney, Washington, for Commonwealth, appellee.
Van der Voort, Spaeth and Montgomery, JJ. Spaeth, J., files a dissenting opinion.
[ 270 Pa. Super. Page 217]
Appellant Robert Karl Maxwell pleaded guilty on December 10, 1974 to assault and battery, robbery, and impersonating a public servant (No. 469 of 1974), and to burglary and theft (No. 573 of 1974). Appellant was sentenced on No. 469 to pay $25 restitution and to serve a term of three years and eleven months to ten years imprisonment, and on No. 573 to serve an identical concurrent term of imprisonment. At the
[ 270 Pa. Super. Page 218]
same proceeding, appellant's probation was revoked on Nos. 295 and 308 of 1973 (armed robbery and arson), and he was sentenced to time served. Appellant was advised that he had a right to appeal and to have an attorney appointed if he could not afford one, but was not advised of any time limit for taking an appeal. Appellant filed no petition to withdraw his pleas and took no direct appeal, but on August 23, 1977 filed a petition under the Post Conviction Hearing Act. 19 P.S. § 1180-1 et seq. Hearing was held on the petition on November 25, 1977, and relief was denied by order dated December 2, 1977. Appeal was taken to our Court from the order dismissing the petition.
Appellant argues that his trial counsel was ineffective in several respects:
1) failing to locate a material witness;
2) advising appellant that a guilty plea would be less expensive for his parents than a jury trial;
3) failing to discuss with appellant trial strategy the consequences of a guilty plea, and various ...