decided: March 10, 1982.
COMMONWEALTH OF PENNSYLVANIA
JOHN W. WADDY, APPELLANT
No. 80-3-552, Appeal from denial of petition filed under the Post Conviction Hearing Act in the Court of Court of Common Pleas of the First Judicial District, at No. 338 July Term, 1969.
Adam Renfroe, Jr., Philadelphia, (court-appointed), for appellant.
Robert B. Lawler, Chief, Appeals Div., Asst. Dist. Atty., Gail Thackeray, Philadelphia, for appellee.
O'Brien, C. J., and Roberts, Larsen, Flaherty, McDermott and Hutchinson, JJ. Nix, J., did not participate in the consideration or decision of this case.
[ 497 Pa. Page 450]
OPINION OF THE COURT
This is an appeal from the denial of appellant's third PCHA petition. The issues raised in this appeal, (1) that appellant's guilty plea was not knowingly and intelligently entered, and (2) that trial counsel was ineffective for recommending that appellant plead guilty, were raised in the second PCHA petition and have been, on appeal from the denial of the second petition, finally litigated by this Court. Commonwealth v. Waddy, 463 Pa. 426, 345 A.2d 179 (1975). An issue raised pursuant to a PCHA petition is finally litigated when the Supreme Court of Pennsylvania has ruled on the merits of the issue. 19 P.S. § 1180-4(a)(3). An issue that has been finally litigated may not be raised again in a subsequent petition. 19 P.S. § 1180-3(d). Since we have ruled on the merits of the same issues that appellant instantly raises yet again, i.e., since these issues have been finally litigated, the Order of the Court of Common Pleas of Philadelphia denying this petition is affirmed.*fn*