No. 1148 Pittsburgh, 1981, Appeal from the Judgment of Sentence of the Court of Common Pleas of Cambria County, Criminal Division, at No. C-765 (a,c) 1976
Robert D. Gleason, Johnstown, for appellant.
D. Gerard Long, District Attorney, Ebensburg, for Commonwealth, appellee.
Spaeth, Brosky and Montemuro, JJ.
[ 318 Pa. Super. Page 373]
The primary issue raised in this appeal is whether the lower court erred in denying appellant's motion to withdraw a plea of nolo contendere which he had entered to charges of involuntary deviate sexual intercourse*fn1 and indecent assault.*fn2 Appellant also contests the sentence imposed upon him. For the reasons that follow, we affirm.
Appellant was arrested in July, 1976, and charged with having had deviate sexual intercourse with a twelve-year old boy on two occasions in June, 1976. He was also
[ 318 Pa. Super. Page 374]
accused of having committed an indecent assault on a nine-year old boy in June, 1976.*fn3
On February 16, 1977, appellant entered the nolo contendere pleas which are before us. On July 18, 1977, appellant appeared at the Cambria County Courthouse for sentencing, but absconded before sentence was imposed.
It is now known that he fled to Israel where he remained for three years. Mr. Dickter was found in Florida in October, 1980. He was returned to Cambria County apparently in late 1980 or early 1981. In August, 1981, appellant petitioned the lower court to permit him to withdraw his pleas. The petition was denied and Mr. Dickter was sentenced to consecutive terms of imprisonment of four to ten years and one to two years. These sentences were to be served consecutively to a prison sentence imposed upon appellant in New York State for a similar offense.
For purposes of our review, a plea of nolo contendere is treated the same as a plea of guilty. Commonwealth v. Ammon, 275 Pa. Super. 324, 418 A.2d 744 (1980).
Although appellant's petition was presented four years after he entered the pleas, it was nonetheless filed prior to the imposition of ...