April 29, 1983
COMMONWEALTH OF PENNSYLVANIA V. EDWARD T. KIVLIN, III, APPELLANT
NO. 2205 PHILADELPHIA, 1981, Appeal from the Order of June 29, 1981, in the Court of Common Pleas of Delaware County, Criminal Division, at No. 6945-A & G December Term, 1975.
Before Spaeth, Beck and Johnson, JJ. Spaeth, J. files a concurring statement.
I disagree with the majority's characterization of Commonwealth v. Veneri and Commonwealth v. Thomas, Pa. Super. , 452 A.2d 784 (1982). Slip op. at 3. Those cases did not hold, as the majority suggests, that a defendant's right to obtain relief dissolves upon conviction. The lower court's denial of appellant's P.C.H.A. petition was nonetheless proper because counsel had a reasonable basis for neglecting to challenge the unsigned information: appellant's conviction predated the line of cases that enable such a challenge.
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