No. 2583 Philadelphia, 1981, Appeal from the Order of the Court of Common Pleas, Criminal Trial Division of Philadelphia County, March Term, 1975, No. 42
Daniel M. Preminger, Philadelphia, for appellant.
Robert B. Lawler, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.
Hester, Johnson and Popovich, JJ.
[ 314 Pa. Super. Page 357]
This is an appeal from the denial of a Post Conviction Hearing Act*fn1 (hereinafter referred to as PCHA) petition for relief. We affirm.
The salient procedural facts of this case are as follows. Appellant, Julius Williams, was arrested and charged with the shooting of Horace Wallace on January 3, 1974. After a bench trial on October 25, 1974, appellant was convicted of aggravated assault and related charges. The victim's testimony and identification of appellant as his assailant contributed to appellant's conviction. At trial, appellant was represented by Attorney Barry Denker.
[ 314 Pa. Super. Page 358]
On December 21, 1974, the victim, who was completely paralyzed as a result of the shooting, died. Appellant was thereafter charged with murder, and again he proceeded to a non-jury trial. The trial court found appellant guilty of third degree murder and sentenced him to an aggregate sentence of not less than twenty (20) nor more than forty (40) years of imprisonment. Attorney Alfred P. Fillipone (hereinafter referred to as trial counsel) represented appellant at his second trial.
Appellant was represented by another attorney on direct appeal due to the death of his trial attorney. Timothy Savage, Esquire (hereinafter referred to as appellate counsel) filed an appeal to the Supreme Court; however, appellant's murder conviction was affirmed in a per curiam opinion.*fn2
On this appeal, appellant complains that:
(1) trial counsel rendered ineffective assistance by informing the trial court of appellant's previous conviction for aggravated assault arising out of the same incident;
(2) trial counsel was also ineffective by failing to investigate and prepare what he considered to be ...