No. 1422 October Term 1978, Appeal from the Order of the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section, Nos. 874, 875, October Term 1973.
Richard P. Abraham, Philadelphia, for appellant.
Robert B. Lawler, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.
Van der Voort, Wieand and Lipez, JJ.
[ 272 Pa. Super. Page 401]
In 1974 appellant was convicted by a jury of robbery and burglary. Appellant's court-appointed counsel filed post-verdict motions, which were denied. Appellant was sentenced
[ 272 Pa. Super. Page 402]
on August 20, 1974 to five to ten years imprisonment for robbery, with a consecutive prison term for two-and-a-half to five years for burglary. Appellant's trial counsel was then permitted to withdraw, and new counsel was appointed by the court to represent appellant. New counsel timely filed in this court a direct appeal, which was later withdrawn at appellant's own request by letter to this court's prothonotary. Appellant's later request by letter to reinstate the appeal was denied by per curiam order.
On February 16, 1977 appellant, represented by a third court-appointed counsel, filed a Post Conviction Hearing Act (PCHA)*fn1 petition alleging numerous instances of ineffectiveness of trial counsel, as well as personal bias of the trial judge, denial of the right to allocution at sentencing, and denial of the right to a direct appeal without a knowing and intelligent waiver. On April 13, 1977 Judge Blake of the court below entered an order granting the appellant the right to file a direct appeal nunc pro tunc,*fn2 and otherwise denying the petition without prejudice. On April 21, 1977 appellant filed in the lower court a notice of appeal "to the Superior Court of Pennsylvania from the order entered in this matter on the 13th day of April, 1977." On April 26, 1977 appellant filed in the lower court a praecipe to withdraw that notice of appeal. On that same day an order was entered withdrawing and discontinuing the appeal in accordance with Pennsylvania Rule of Appellate Procedure 1973(b).
On May 12, 1977 appellant filed in the court below a petition for reconsideration of the April 13, 1977 order in which the lower court had previously granted appellant the right to file a direct appeal nunc pro tunc. The material averments and prayer for relief in the petition were as follows:
[ 272 Pa. Super. Page 403]
"Heyward Speaks, by his court appointed attorney, Richard P. Abraham, Esquire, hereby petitions for reconsideration of this Court's order dated April 13, ...