decided: September 24, 1981.
COMMONWEALTH OF PENNSYLVANIA, APPELLEE,
WALLACE FEASTER, APPELLANT
Appeal No. 4 January Term, 1979, from the Judgments of Sentence of the Court of Common Pleas of Philadelphia, Criminal Section, December Term, 1977, Nos. 150, 152, Matthew J. Bullock, Jr., Judge.
Nino V. Tinari, Philadelphia, for appellant.
Robert B. Lawler, Chief, Appeals Div., Victor Fortuno, Philadelphia, for appellee.
O'Brien, C.j., and Roberts, Nix, Larsen, Flaherty, Kauffman and Wilkinson, JJ. Larsen, J., filed a concurring opinion.
Author: Per Curiam
[ 495 Pa. Page 423]
The judgments of sentence are affirmed, without prejudice to appellant's right to select new counsel, not associated with present counsel, to represent him on the issue of ineffectiveness of trial counsel.
LARSEN, Justice, concurring.
I would hold that trial counsel can never act as appellate counsel when ineffective assistance of trial counsel is an issue.
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