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COMMONWEALTH PENNSYLVANIA v. LAWRENCE BOLDING (04/27/83)

submitted: April 27, 1983.

COMMONWEALTH OF PENNSYLVANIA
v.
LAWRENCE BOLDING, APPELLANT



No. 712 Philadelphia 1982, Appeal from the Order of the Court of Common Pleas of Philadelphia County, Pennsylvania at Nos. 1710-1715 September Term, 1981.

COUNSEL

Louis Sherman, Philadelphia, for appellant.

Jane Cutler Greenspan, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Rowley, Wieand and Popovich, JJ.

Author: Popovich

[ 315 Pa. Super. Page 445]

We affirm the Order of the Court of Common Pleas of Philadelphia County denying appellant's, Lawrence Bolding's, Post-Conviction Hearing Act (PCHA) Petition. 19 P.S. §§ 1180-1 et seq., as amended; reenacted as 42 Pa.C.S.A. §§ 9541-9551.

On appeal, appellant asserts, in essence, that his plea of guilty to kidnapping, conspiracy and theft by extortion was invalid, and, therefore, subject to being withdrawn for failure to comply with the mandates of Pa.R.Crim.P. 319(a) and Commonwealth v. Ingram, 455 Pa. 198, 316 A.2d 77 (1974). Additionally, appellant, by way of analogy to the 180-day

[ 315 Pa. Super. Page 446]

    time requirement applicable to Rule 1100 cases, argues that the PCHA court's failure to hold a hearing on his PCHA petition within 180 days -- it was held 195 days after it was filed -- justifies a "dismissal" of the charges or his "release" from custody since the delay was not attributable to the defense and counsel for appellant strenuously objected to the delay. (Appellant's Brief at 9)

Our review of the guilty plea colloquy indicates that the accused was informed of the following:

1) the elements of the offenses. (RR. 13)

2) the permissible range of sentence for each ...


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