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COMMONWEALTH PENNSYLVANIA v. CLARENCE BILLETT (01/29/82)

SUPERIOR COURT OF PENNSYLVANIA


filed: January 29, 1982.

COMMONWEALTH OF PENNSYLVANIA,
v.
CLARENCE BILLETT, APPELLANT

No. 718 April Term, 1979, Appeal from the Order of the Court of Common Pleas, Criminal Division, of Lawrence County at No. 775 of 1976

COUNSEL

Claude V. Falkenhan, Zelienople, for appellant.

Howard C. Klebe, Assistant District Attorney, New Castle, for Commonwealth, appellee.

Spaeth, Wickersham and Lipez, JJ.

Author: Per Curiam

[ 294 Pa. Super. Page 613]

Clarence Billett, appellant herein, entered a plea of guilty in January 1977 on thirteen counts of forgery and was sentenced on February 15, 1977 to a term of imprisonment of not less than three and one-half nor more than seven years, and other lesser concurrent sentences.

On direct appeal, he challenged the voluntariness of his guilty plea without having first filed a petition with the lower court to withdraw that plea as required by Commonwealth v. Roberts, 237 Pa. Super. 336, 352 A.2d 140 (1975). A review of the record showed, however, that there were no warnings given to appellant of the consequences on appeal of his failure to file a petition to withdraw his guilty plea prior to challenging its validity. In an opinion per curiam, dated December 28, 1978, we vacated the judgment of

[ 294 Pa. Super. Page 614]

    sentence and remanded the case for the filing of a petition nunc pro tunc.

The lower court then set a hearing for August 13, 1979 on appellant's application for leave to withdraw his plea of guilty. On August 10, 1979, defendant moved to continue the hearing and his motion was denied and he has taken an appeal back to our court from the denial of his motion to continue the hearing. Obviously, the appeal is interlocutory and will be quashed.*fn1

Appeal quashed.


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