No 80-1-58, Appeal from Order of Court of Common Pleas of Allegheny County, Criminal Division, Denying Post-Conviction Relief on December 3, 1979 at 540, 541, and 544 January Term, 1973
John Halley, Court-appointed, Pittsburgh, for appellant.
Robert E. Colville, Dist. Atty., Robert L. Eberhardt, Deputy Dist. Atty., Kathryn L. Simpson, Asst. Dist. Atty., Pittsburgh, for appellee.
O'Brien, C. J., and Roberts, Nix, Larsen, Flaherty, Kauffman and Wilkinson, JJ.
In 1973, appellant was convicted by a jury in Allegheny County of murder of the first degree. Motions for a new
trial and in arrest of judgment were denied and appellant was sentenced to life imprisonment. A direct appeal was taken to this Court whereupon the judgment of sentence was affirmed. Commonwealth v. Irwin, 460 Pa. 296, 333 A.2d 735 (1975).
On March 2, 1979, appellant filed a Post Conviction Hearing Act*fn1 petition in the Allegheny County Court of Common Pleas alleging, inter alia, ineffective assistance of trial counsel. Prior to trial, at trial, and on direct appeal appellant was represented by counsel from the office of the public defender of Allegheny County. Pursuant to his petition request, private counsel was appointed by the court to assist appellant in his post conviction action. After an evidentiary hearing, at which appellant and his trial counsel testified, the court dismissed the post conviction petition on December 3, 1979. This appeal followed.
Appellant's sole argument in this appeal is that his trial counsel was ineffective in failing to properly object to, and preserve for appeal, the trial court's misstatement of the testimony of two Commonwealth witnesses during his summary of the evidence to the jury. The misstatement was raised on direct review of appellant's conviction. We concluded, however, that the issue was not properly before us because the misquotation was not called to the attention of the court; nor were corrective instructions requested or a specific exception recorded. Irwin, id., 460 Pa. at 298 n.2, 333 A.2d at 736 n.2.
In evaluating the effectiveness of counsel where it is claimed that counsel was ineffective by not properly preserving issues in the trial court for appellate review, this Court has applied the standard set forth in Commonwealth ex rel. Washington v. Maroney, 427 Pa. 599, ...