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COMMONWEALTH PENNSYLVANIA v. LINDA JO EDRINGTON (03/22/83)

submitted: March 22, 1983.

COMMONWEALTH OF PENNSYLVANIA
v.
LINDA JO EDRINGTON, APPELLANT



No. 8 Harrisburg 1982, APPEAL FROM THE PCHA ORDER OF NOVEMBER 30, 1981 IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, CRIMINAL NO. 1149 C.D. 1978

COUNSEL

James Lee Goldsmith, Harrisburg, for appellant.

William A. Behe, Deputy District Attorney, Harrisburg, for Commonwealth, appellee.

Cercone, President Judge, and Cirillo and Hoffman, JJ.

Author: Cirillo

[ 317 Pa. Super. Page 547]

Linda Jo Edrington, a/k/a Lennie Joe Edrington, appeals from an order of the Court of Common Pleas of Dauphin County dismissing without a hearing his petition under the

[ 317 Pa. Super. Page 548]

Post Conviction Hearing Act (PCHA).*fn1 Edrington had pled guilty to murder in connection with the July 1978 shooting death of Anthony Rankin. The plea was made with the understanding that, should the court determine that the degree of guilt rose above third degree murder, Edrington would be permitted to withdraw his plea. The Honorable John C. Dowling accepted the plea and found Edrington guilty of third degree murder. Judge Dowling then imposed a sentence of six to fifteen years' imprisonment. Edrington filed a motion to withdraw his plea on the ground of involuntariness and a motion for reconsideration of sentence on the ground of excessiveness. These motions were denied and Edrington appealed to the Supreme Court of Pennsylvania.

Before the high court Edrington argued only that his sentence was excessive. The Court disagreed and affirmed the judgment of sentence. Commonwealth v. Edrington, 490 Pa. 251, 416 A.2d 455 (1980).

Edrington filed his PCHA petition on April 6, 1981. The court appointed counsel, who filed an amended petition. The Commonwealth filed an answer, and the court denied the petition on the basis of the answer.

Edrington's claims are that his guilty plea was involuntary because it was induced by promises of counsel amounting to ineffectiveness, and that the PCHA court erred in refusing to afford him a hearing. These claims are utterly meritless.

A challenge to the voluntariness of Edrington's plea is no ...


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