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COMMONWEALTH PENNSYLVANIA v. CHARLES E. BROWN (02/04/83)

decided: February 4, 1983.

COMMONWEALTH OF PENNSYLVANIA
v.
CHARLES E. BROWN, APPELLANT



Appeal No. 80-3-587, from Judgments of Sentence of Court of Common Pleas of Philadelphia, Trial Division, Criminal Section, at Nos. 1110, 1112 and 1113 August Sessions 1979, entered May 6, 1980; Juanita Kidd Stout, Judge.

COUNSEL

Marlene S. Cooperman, Philadelphia (court-appointed), for appellant.

Robert B. Lawler, Chief, Appeals Div., Sarah B. Vandenbraak, Asst. Dist. Attys., for appellee.

Roberts, C.j., and Nix, Larsen, Flaherty, McDermott, Hutchinson and Zappala, JJ. Larsen, McDermott and Zappala, JJ., would affirm the judgments of sentence.

Author: Per Curiam

[ 500 Pa. Page 318]

ORDER

Judgments of sentence vacated and record remanded to Court of Common Pleas of Philadelphia for an evidentiary hearing on the question of whether trial counsel provided appellant with effective assistance. If on remand the court determines that counsel did not provide effective assistance, it shall grant appellant a new trial. If the court determines

[ 500 Pa. Page 319]

    that counsel was effective, it shall reinstate the judgments of sentence. Either party may appeal to this Court from an adverse determination.

19830204

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