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COMMONWEALTH PENNSYLVANIA v. DAVID LEE FERGUSON (12/29/81)

SUPERIOR COURT OF PENNSYLVANIA


December 29, 1981

COMMONWEALTH OF PENNSYLVANIA
v.
DAVID LEE FERGUSON, APPELLANT

No. 140 Harrisburg, 1980, Appeal from the Order entered May 29, 1980 of the Court of Common Pleas, Dauphin County, Criminal Division, Nos. 1832 - 1844 - 2405 CD 1973 and 272 CD 1974

Before Brosky, Beck and McEWEN, JJ. McEwen, J., files Concurring Memorandum Statement.

Per Curiam: Appeal quashed without prejudice.

McEwen, J., files Concurring Memorandum Statement.

McEWEN, J.:

I concur in the result of the majority opinion which quashes the appeal. The majority notes that there is no written Order either filed of record or noted in the docket. Even if this Court were disposed to overlook such technical failure, this Court would be unable to proceed for the reason that the hearing Judge never filed an opinion expressing the reasons for his conclusion that the plea was valid and his action of dismissal of the petition.

19811229

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