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COMMONWEALTH PENNSYLVANIA v. WILLIAM MICHAEL SEIFERT (11/21/79)

SUPERIOR COURT OF PENNSYLVANIA


filed: November 21, 1979.

COMMONWEALTH OF PENNSYLVANIA,
v.
WILLIAM MICHAEL SEIFERT, APPELLANT

No. 33 April Term, 1978, Appeal from Sentence of the Court of Common Pleas of Allegheny County, Pennsylvania, Criminal Division, at No. CC7700545A

COUNSEL

John V. Adams, Jr., Pittsburgh, for appellant.

Robert L. Eberhardt, Assistant District Attorney, Pittsburgh, for Commonwealth, appellee.

Cercone, Wieand and Hoffman, JJ.

Author: Per Curiam

[ 271 Pa. Super. Page 564]

The instant appeal challenges the validity of appellant's plea of guilty to aggravated assault. Although appellant did not file the requisite petition to withdraw his guilty plea following sentencing, it does not appear anywhere in the record that he was advised of his obligation to do so. Hence, we must remand for the filing of a petition to withdraw the plea nunc pro tunc. Commonwealth v. Johnson, 258 Pa. Super. 214, 392 A.2d 760 (1978).

Judgment of sentence is vacated and the case is remanded for the filing of the petition to withdraw the guilty plea nunc pro tunc.

19791121

© 1998 VersusLaw Inc.



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