No. 80-1-118, Appeal from Order of Court of Common Pleas of Beaver County Entered March 26, 1980, at No. 685 of 1977, CRIMINAL
Robert J. Campbell, Beaver Falls, for appellant.
John Lee Brown, Asst. Dist. Atty., Beaver, for appellee.
O'Brien, C. J., Roberts, Nix, Larsen, Flaherty and Kauffman, JJ.
This appeal is from an order of the Court of Common Pleas of Beaver County denying the requested relief of appellant, William C. Miller, under the Post Conviction Hearing Act.*fn1
On March 28, 1978, appellant pled guilty to one count of voluntary manslaughter. The court accepted the plea and appellant was sentenced to a prison term of three-to-eight years, the sentence to run concurrently with a two-and-one-half-to-five-year prison term previously imposed in Allegheny County.
In September, 1978, appellant filed a P.C.H.A. petition, challenging the validity of his guilty plea. Following an evidentiary hearing, the court denied appellant relief and dismissed the P.C.H.A. petition.
On this appeal appellant challenges the validity of his plea of guilty to the charge of voluntary manslaughter on the basis that the plea was induced by counsel's ineffectiveness in failing to move to suppress his confession and in advising him to enter a plea of guilty.*fn2
Ordinarily a party on appeal who seeks to challenge a guilty plea must first have filed a motion to withdraw the plea in the court where it was entered. Commonwealth v. Dowling, 482 Pa. 608, 394 A.2d 488 (1978); Commonwealth v. Lee, 460 Pa. 324, 333 A.2d 749 (1975); Pa.R.Crim.P. 319-321. However, where as here, an appellant attacks a plea of guilty on the basis that trial counsel's ineffectiveness contributed to the plea and where appellant was represented post-trial by the same counsel, we have permitted appellate
review of the claim on the merits.*fn3 Commonwealth v. Unger, 494 Pa. 592, 432 A.2d 146 (1980); Commonwealth v. Ford, 491 Pa. 586, 421 A.2d 1040 (1980); Commonwealth v. Ford, 484 Pa. 163, 398 A.2d 995 (1979); Commonwealth v. Ray, 483 Pa. 377, 396 A.2d 1218 (1979); Commonwealth v. Jones, 477 Pa. ...