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COMMONWEALTH PENNSYLVANIA v. WILLIAM J. HINES (05/22/81)

filed: May 22, 1981.

COMMONWEALTH OF PENNSYLVANIA,
v.
WILLIAM J. HINES, APPELLANT



No. 446 April Term, 1979, Appeal from the Order of the Court of Common Pleas, Allegheny County, Criminal Division, CC7700604.

COUNSEL

Donald Calaiaro, Pittsburgh, for appellant.

Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Commonwealth, appellee.

Price, DiSalle and Montemuro, JJ.

Author: Montemuro

[ 287 Pa. Super. Page 292]

This an appeal from the denial without hearing of two petitions filed under the Post-Conviction Hearing Act.*fn1

[ 287 Pa. Super. Page 293]

William J. Hines was found guilty in a non-jury trial of two violations of the Controlled Substance, Drug, Device and Cosmetic Act: Possession*fn2 and Possession with Intent to Deliver.*fn3 Appellant filed timely motions for new trial and in arrest of judgment. After hearing, the motions were denied. On June 6, 1978 appellant was sentenced on the Possession with Intent to Deliver charge to a term of one (1) to ten (10) years.*fn4 The term of sentence was to be consecutive to any sentence appellant was then serving or waiting to serve. The appellant failed to file a direct appeal.

On October 6, 1978, appellant filed a Post-Conviction Hearing Act petition in propria persona alleging several grounds for relief.

On October 23, 1978, the court below appointed the Voluntary Defender to represent appellant and issued a Rule on the Commonwealth returnable November 17, 1978 to show cause why a hearing should not be granted.

On January 12, 1979, appellant's pro se P.C.H.A petition was dismissed without hearing.

On January 26, 1979, appellant filed a pro se Motion to Amend his pro se P.C.H.A. petition. Appellant claimed that he received notice of the lower court's dismissal order two hours after he filed his Motion to Amend. For the purpose of this appeal, we will treat the Motion to Amend, as does the ...


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