NO. 1830 Philadelphia, 1980, Appeal from the Order of the Court of Common Pleas, Trial Division - Criminal, Philadelphia County, Nos. 163 and 164, October Term, 1971.
Norris E. Gelman, Philadelphia, for appellant.
Gaele McLaughlin Barthold, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.
Montemuro, Hoffman and Van der Voort, JJ.
[ 297 Pa. Super. Page 436]
This is an appeal from the denial of Post-Conviction Hearing Act*fn1 (P.C.H.A.) relief on appellant's second P.C.H.A. petition. Appellant was given a hearing on his first P.C.H.A. petition and his requested relief was denied on February 23, 1978. The Order was subsequently affirmed on appeal by this court in Commonwealth v. Coley, 273 Pa. Super. 624, 422 A.2d 1163 (1979). Appellant's second P.C.H.A. petition posited one issue which had not been raised in his first petition, alleging that the failure to raise this issue was due to ineffectiveness of the attorney who handled the first P.C.H.A. petition. For the reasons set out
[ 297 Pa. Super. Page 437]
below, we find no reversible error and therefore affirm the order of the lower court.
Appellant's travels through the courts on this case began when he was arrested and charged with aggravated robbery and assault. The charge and ultimate conviction by a jury on these two counts arose from an incident occurring shortly after 4:00 a. m. on the morning of September 4, 1971. Theodore Jackson, the complainant, testified that he was standing on a porch ringing his friend's doorbell at 2411 Thirty-third Street, Philadelphia, when defendant approached him and announced that "This is a stick-up. I need a fix." Appellant then ordered Jackson to turn over his money, and the victim promptly complied by putting 18 or 20 dollars down on the porch. Appellant, dissatisfied with this amount, demanded more money. When additional funds were not forthcoming, appellant struck the victim in the head, knocked him down, and kicked him under the chin. During the ensuing struggle, which lasted approximately 15 minutes appellant pelted the victim with bottles and garbage.
The complainant then stopped a police car, told the officer he had been robbed, and pointed to appellant. Appellant fled on foot while the officer and Jackson, who were in separate cars, gave chase. Appellant refused to stop when the police officer ordered him to do so, and the officer saw appellant run down a nearby street. Appellant was apprehended in a third floor apartment on that street by the officer and positively identified by Jackson at the time.
Following conviction of these charges and denial of post-trial motions, appellant was sentenced to a twenty (20) year probationary term for robbery (Bill No. 164). Sentence was suspended on the assault charge (Bill No. 163). Appellant took no direct appeal.
On March 11, 1976, appellant, while still on probation, was convicted on unrelated charges of second degree murder, robbery, and criminal conspiracy. As a result of this violation of his probation, Judge McDermott revoked appellant's probation, and on March 30, 1976, ...