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COMMONWEALTH PENNSYLVANIA v. JAMES JACKSON (01/26/81)

SUPERIOR COURT OF PENNSYLVANIA


submitted: January 26, 1981.

COMMONWEALTH OF PENNSYLVANIA
v.
JAMES JACKSON, A/K/A JOHN ANDERSON, APPELLANT

No. 220 Philadelphia, 1980, Appeal from the Order dated January 8, 1980 of the Court of Common Pleas of Philadelphia County, Criminal Division, at Nos. 995 and 996 May Term, 1976.

COUNSEL

Charlotte A. Nichols, Philadelphia, for appellant.

Gaele McLaughlin Barthold, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Cavanaugh, Johnson and Lipez, JJ.

Author: Per Curiam

[ 291 Pa. Super. Page 89]

Appellant was convicted of simple assault, conspiracy and theft. No direct appeal was taken from the sentence imposing a term of imprisonment. The record from the Post Conviction Hearing reveals that Appellant had requested his trial counsel to appeal and that the Defender Association, by letter to the defendant, refused to file an appeal because they believed the case lacked merit. Accordingly, we reverse the order denying relief under the Post Conviction Hearing Act. Commonwealth v. Fareri, 271 Pa. Super. 174, 412 A.2d 632 (1979). See also, Commonwealth v. Unger, 494 Pa. 592, 598, 432 A.2d 146, 149 (1980) (concurring opinion, ROBERTS, J.) On remand Appellant must be allowed thirty days to file direct appeals nunc pro tunc from the 1976 judgments of sentence.

Reversed and remanded.

19810126

© 1998 VersusLaw Inc.



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