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COMMONWEALTH PENNSYLVANIA v. BARRY ROBERT PERKINS (12/17/81)

decided: December 17, 1981.

COMMONWEALTH OF PENNSYLVANIA,
v.
BARRY ROBERT PERKINS, APPELLANT



No. 80-3-350, Appeal from the Order of the Court of Common Pleas, Trial Division, Criminal Section, of Philadelphia, denying appellant's Petition under the Post Conviction Hearing Act, under Bill of Indictment Nos. 1401-1404 September Term, 1974.

COUNSEL

Joseph L. DiTomo, Jr., court-appointed, Philadelphia, for appellant.

Robert B. Lawler, Chief, Appeals Div., Kenneth Gallant, Philadelphia, for appellee.

O'Brien, C. J., and Roberts, Nix, Larsen, Flaherty, Kauffman and Wilkinson, JJ.

Author: Roberts

[ 496 Pa. Page 483]

OPINION OF THE COURT

This is an appeal from an order of the Court of Common Pleas of Philadelphia denying appellant's claim for relief pursuant to the Post-Conviction Hearing Act. Appellant alleges that his trial counsel was ineffective for failing

[ 496 Pa. Page 484]

    to raise a timely motion to dismiss charges on the ground that trial was not commenced within the time required by Pa.R.Crim.P. 1100. Because we conclude that the requirements of Rule 1100 were in fact satisfied, we hold that appellant's allegation of ineffectiveness is without support on the record. Thus, we affirm the order of the PCHA court.*fn*

The standard for evaluating claims of ineffective assistance of counsel is set forth in Commonwealth ex rel. Washington v. Maroney, 427 Pa. 599, 235 A.2d 349 (1967):

"[O]ur inquiry ceases and counsel's assistance is deemed constitutionally effective once we are able to conclude that the particular course chosen by counsel had some reasonable basis designed to effectuate his client's interests. The test is not whether other alternatives were more reasonable, employing a hindsight evaluation of the record. Although weigh the alternatives we must, the balance tips in favor of a finding of effective assistance as soon as it is determined that trial counsel's decisions had any reasonable basis."

Id., 427 Pa. at 604-05, 235 A.2d at 352-53 (emphasis in original) (footnote omitted). In an accompanying footnote this Court further explained:

"Since our test requires that we examine the approach employed by trial counsel in light of the available alternatives, a finding of ineffectiveness could never be made unless we concluded that the alternatives not chosen offered a potential for ...


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