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COMMONWEALTH PENNSYLVANIA EX REL. RITA L. FALWELL v. A.S. DI GIACINTO (01/27/84)

filed: January 27, 1984.

COMMONWEALTH OF PENNSYLVANIA EX REL. RITA L. FALWELL,
v.
A.S. DI GIACINTO, WARDEN OF NORTHAMPTON COUNTY PRISON. APPEAL OF RITA L. FALWELL



No. 2466 Philadelphia 1981 Appeal from the Order of the Court of Common Pleas of Northampton County, No. 1981-C-7549

COUNSEL

Margaret H. Poswistilo, Easton, for appellant.

John D. DiGiacomo, Easton, for appellee.

Wickersham, Cirillo and Lipez, JJ.

Author: Lipez

[ 324 Pa. Super. Page 203]

This is an appeal from an order denying a petition for habeas corpus, which requested that defendant be released from prison, to which the court below had sentenced defendant after finding her in contempt of court. We reverse the order of the court, vacate the judgments of sentence for criminal contempt and discharge defendant.

On August 7, 1981 defendant, who was not represented by an attorney, appeared in the court below as the defendant in a noncompliance hearing in a support matter. The complete transcript of that proceeding states as follows:

THE COURT: Do you have something there for me? Have you been looking for work?

THE DEFENDANT: That is my second paper.

THE COURT: Okay.

THE DEFENDANT: I have been speaking to Attorney Mayrosh in the Public Defender's office. He stated that on behalf of Alcohol Counseling I went to, with him, to the counselor -- whatever, and he says that I wasn't suited for Head Start. He -- they still carried this. He told me to say this to you.

THE COURT: Do you want to go into a treatment program?

THE DEFENDANT: It is not necessary.

THE COURT: You have had something to drink this ...


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