No. 223 Harrisburg, 1982, Appeal from the PCHA Order of June 16, 1982, Court of Common Pleas, Dauphin County, Criminal Division at No. 2658 (A) C.D. 1976.
Wade Douglas Hairston, Harrisburg, appellant, in propria persona.
Katherene E. Holtzinger, Deputy District Attorney, Harrisburg, for Commonwealth, appellee.
Wieand, Cirillo and Johnson, JJ. Wieand, J., concurs in the result. Cirillo, J., files a dissenting opinion.
[ 323 Pa. Super. Page 451]
Appellant Wade Douglas Hairston appeals the trial court's summary dismissal of his pro se and supplemental PCHA*fn1 petitions. We reverse and remand for an evidentiary hearing.
The record indicates that appellant entered guilty pleas to charges of murder,*fn2 robbery*fn3 and burglary*fn4 on April 19, 1977. Upon accepting the plea, the trial court conducted a degree of guilt hearing concerning the murder plea and found appellant guilty of murder in the second degree. Appellant was immediately sentenced to a term of life imprisonment on the murder charge and ten to twenty years on the robbery and burglary charges, both to run consecutively to the life sentence. No motion to withdraw the guilty plea nor direct appeal was filed. On December 15, 1981, appellant filed his pro se PCHA petition. Following the filing of a supplemental, counseled PCHA petition
[ 323 Pa. Super. Page 452]
and answer by the Commonwealth, the trial court denied the petitions on June 16, 1982 without a hearing. That order stated:
The Court adopts the Commonwealth's Answer as completely, accurately and authoritatively disposing of all issues raised.
Accordingly, defendant's Supplemental Petition under the Post Conviction Hearing Act is denied without a hearing.
Appellant filed his notice of appeal on June 22, 1982. Subsequently, on July 1, 1982, the trial court issued a second order reaffirming its June 16th order dismissing appellant's petition without a hearing ...