No. 212 January Term 1978, Appeal from the Order of the Court of Common Pleas of Philadelphia, Trial Division, Criminal Section at No. 67 October Term 1965 under the PCHA.
David Cohen, Philadelphia, for appellant.
Robert B. Lawler, Chief, Appeals Div., Philadelphia, Sarah Vandenbraak, Asst. Dist. Atty., for appellee.
Eagen, C. J., and O'Brien, Roberts, Nix, Larsen, Flaherty and Kauffman, JJ. Kauffman, J., did not participate in the consideration or decision in this case.
Julio Alvarado, appellant, entered a counseled plea of guilty to murder generally, on June 2, 1966, before a three-judge court of the Court of Common Pleas of Philadelphia. After a counseled degree-of-guilt hearing, the court found
Alvarado guilty of murder of the first degree and, after presentence reports were filed, sentenced him to death. A timely appeal was filed in this Court by Alvarado's trial counsel in August 1966.
In November 1966, Alvarado's trial counsel petitioned this Court to withdraw as counsel. We remanded this petition to the Court of Common Pleas for appropriate disposition, and, after a hearing in March 1967, that court permitted counsel to withdraw.
On November 1, 1967, newly appointed counsel petitioned this Court to remand the record to the Court of Common Pleas to permit the filing of a petition to withdraw the guilty plea. We granted the petition to remand, and, after a hearing, the trial court denied Alvarado's petition to withdraw his guilty plea. Alvarado filed an appeal from that order in this Court. Thereafter, we ordered the Court of Common Pleas to vacate the death penalty and to impose a sentence of life imprisonment, but otherwise denied relief. See Commonwealth v. Alvarado, 442 Pa. 516, 276 A.2d 526 (1971).
In October 1977, Alvarado filed two pro se petitions under the Post Conviction Hearing Act [hereinafter: PCHA], Act of January 25, 1966, P.L. (1965) 1580, §§ 1 et seq., 19 P.S. §§ 1180-1 et seq. (Supp. 1979-80).*fn1 In these petitions, ...