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COMMONWEALTH PENNSYLVANIA v. MICHAEL KALSON (01/05/81)

SUPERIOR COURT OF PENNSYLVANIA


submitted: January 5, 1981.

COMMONWEALTH OF PENNSYLVANIA,
v.
MICHAEL KALSON, APPELLANT

No. 1522 Philadelphia, 1980, Appeal from Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Luzerne County, No. 55 of 1980

COUNSEL

Bruce S. Miller, Assistant Public Defender, Wilkes-Barre, for appellant.

Chester B. Muroski, District Attorney, Wilkes-Barre, for Commonwealth, appellee.

Price, Wieand and Hoffman, JJ.

Author: Per Curiam

[ 290 Pa. Super. Page 361]

This is a direct appeal from a judgment of sentence imposed following the entry of a plea of guilty to receiving stolen property. Appellant raises in this Court for the first time: (1) the alleged invalidity of his guilty pleas, and (2) the propriety of a sentence of incarceration for which the trial judge failed to state his reasons on the record. This Court will hear only those claims which are first raised in the trial court. Commonwealth v. Walls, 481 Pa. 1, 391 A.2d 1064 (1978); Commonwealth v. Brown, 288 Pa. Super. 171, 431 A.2d 343 (1981); Commonwealth v. Turecki, 278 Pa. Super. 511, 420 A.2d 658 (1980). See also Pa.R.Crim.P.

[ 290 Pa. Super. Page 3621405]

(c)(5). However, the trial court failed to advise appellant on the record that a challenge to the validity of his guilty plea and to the propriety of the sentence had to be raised in the first instance by post-sentencing motions.*fn1 Therefore, we will remand in order to permit appellant to file nunc pro tunc a petition to withdraw his plea of guilty and/or to challenge the propriety of the sentence.

It is so ordered.


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