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COMMONWEALTH PENNSYLVANIA v. JAMES ROBERT DADE (02/01/80)

filed: February 1, 1980.

COMMONWEALTH OF PENNSYLVANIA
v.
JAMES ROBERT DADE, APPELLANT



No. 1864 October Term, 1978 Appeal from the denial of Post Conviction Petition for relief of the Court of Common Pleas of Criminal Section No. 933 December Term, 1972

COUNSEL

Timothy A. Crawford, Jr., Philadelphia, for appellant.

Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Price, Gates and Dowling, JJ.*fn*

Author: Gates

[ 275 Pa. Super. Page 161]

Appellant was arrested and charged with the offenses of burglary and larceny. A preliminary hearing was held on December 8, 1972 at which time appellant was represented by counsel from the voluntary defender's office.

On February 6, 1973 the appellant tendered a guilty plea before Judge Calvin T. Wilson. At that time he was again represented by a public defender.

After the colloquy was completed, Judge Wilson accepted the guilty plea and deferred sentencing pending a presentence investigation and psychiatric report. On May 1, 1973,

[ 275 Pa. Super. Page 162]

    after considering these reports, appellant was placed on seven years probation.

After repeated violations, probation was revoked and a sentence of two to twenty years imposed on February 15, 1977.

Subsequently, appellant filed the instant petition under the Post Conviction Hearing Act which raises two issues. He first argues that he was denied effective assistance of trial counsel because of the insufficient time spent reviewing his case.

The length of time counsel consults with his client is but one factor determining whether the chosen course was reasonable. Commonwealth v. Woody, 440 Pa. 569, 271 A.2d 477 (1970). The record here, however, discloses that trial counsel had thoroughly reviewed the evidence produced at the preliminary hearing and concluded that an adjudication of guilt would be certain if the appellant pleaded not guilty. At the preliminary hearing appellant was represented by a public defender and the Commonwealth produced two police officers who literally caught appellant and two others redhanded. In addition ...


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