filed: January 14, 1983.
COMMONWEALTH OF PENNSYLVANIA
LYNUS PRICE, APPELLANT
No. 208 Harrisburg, 1981, Appeal from P.C.H.A. Order of the Court of Common Pleas, Criminal Division, of Dauphin County, No. 39 C.D. 1980
Robert Neils Tarman, Public Defender, Harrisburg, for appellant.
William A. Behe, Deputy District Attorney, Harrisburg, for Commonwealth, appellee.
Wieand, Cirillo and Popovich, JJ.
Author: Per Curiam
[ 309 Pa. Super. Page 175]
Lynus Price entered a plea of guilty to robbery and was sentenced to serve a term of imprisonment for not less than seven (7) nor more than twenty (20) years. A petition to reconsider sentence was filed and denied, but no direct appeal was taken. Thereafter, Price filed a P.C.H.A. petition. Counsel was appointed, and an amended P.C.H.A. petition was also prepared and filed. When it was denied without hearing, this appeal followed. We are constrained to reverse and remand for an evidentiary hearing.
The amended P.C.H.A. petition alleged, inter alia, that trial counsel had been ineffective (1) in misleading appellant about a promised sentence; (2) in failing to file a motion to withdraw the plea of guilty on grounds that it had been induced by an unfulfilled promise that appellant would receive a sentence of two to five years; and (3) in failing to protect and preserve appellant's right of allocution at the time of sentencing. Because these averments were of arguable merit, they required an evidentiary hearing.*fn1 It follows that the trial court erred when it dismissed appellant's P.C.H.A. petition without a hearing.
Reversed and remanded for an evidentiary hearing.