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COMMONWEALTH PENNSYLVANIA v. JEFFREY FARRELL (01/22/82)

SUPERIOR COURT OF PENNSYLVANIA


filed: January 22, 1982.

COMMONWEALTH OF PENNSYLVANIA
v.
JEFFREY FARRELL, APPELLANT

Appeal No. 967 Pittsburgh, 1980, from Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Allegheny County, CC 8001291A and CC 8001292A; CLARKE, Judge.

COUNSEL

Leonard I. Sharon, Pittsburgh, for appellant.

Stella L. Smetanka, Assistant District Attorney, Pittsburgh, for Commonwealth, appellee.

Wickersham, Wieand and Beck, JJ.

Author: Per Curiam

[ 294 Pa. Super. Page 376]

The judgment of sentence in the above-captioned criminal action is vacated, and the action is remanded for an evidentiary hearing pertaining to the averment in appellant's

[ 294 Pa. Super. Page 377]

    motion for new trial that trial counsel was ineffective. If the lower court concludes that trial counsel was effective, it may dismiss the motion for new trial and re-instate the judgment of sentence, after which appellant may file a new appeal in this Court. If the trial court finds that trial counsel was ineffective, however, it shall enter an order awarding a new trial.

19820122

© 1998 VersusLaw Inc.



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