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COMMONWEALTH PENNSYLVANIA v. TERRANCE DAVIS (06/01/84)

filed: June 1, 1984.

COMMONWEALTH OF PENNSYLVANIA
v.
TERRANCE DAVIS, APPELLANT



No. 1126 Pittsburgh 1981, Appeal from the PCHA Order in the Court of Common Pleas, Criminal Division, of Allegheny County at No. CC7801488.

COUNSEL

J. Richard Narvin, Pittsburgh, for appellant.

Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Commonwealth, appellee.

Wickersham, Rowley and Popovich, JJ.

Author: Wickersham

[ 328 Pa. Super. Page 322]

This is an appeal from the order entered in the Court of Common Pleas of Allegheny County, Criminal Division, denying appellant's first petition, pro se, for post conviction relief without a hearing and without appointment of counsel.

Appellant was arrested as a seventeen year old juvenile on February 22, 1978, and charged with multiple counts of robbery and aggravated assault. On March 2, 1978, a hearing on the Commonwealth's petition to certify the appellant for prosecution as an adult was heard by the Honorable R. Stanton Wettick, J. Judge Wettick certified the appellant for trial as an adult. Subsequently, the Commonwealth issued a thirty (30) count information charging the appellant with sixteen (16) counts of robbery, ten (10) counts of aggravated assault, three (3) counts of recklessly endangering another person and one (1) count of simple assault. The appellant then proceeded to six (6) jury trials before the Honorable Loran Lewis, J. Appellant was convicted of ten (10) counts of robbery, six (6) counts of aggravated assault, two (2) counts of recklessly endangering another person, and one (1) count of simple assault. Appellant was represented by the Public Defender's Office at all trials. Timely post trial motions were filed in all cases and denied by Judge Lewis without opinion on February 5, 1979. On February 14, 1979, the appellant was sentenced on all convictions to a total term of not less than twenty (20) years nor more than forty (40) years. Notice of appeal from the judgment of sentence was filed on March 12, 1979, and we affirmed the convictions. Commonwealth v. Davis, 286 Pa. Super. 479, 429 A.2d 40 (1981). The appellant then filed a pro se post conviction petition alleging the ineffectiveness of trial and appellate counsel.

[ 328 Pa. Super. Page 323]

Judge Lewis dismissed this petition, without appointment of counsel, on September 30, 1981. This appeal followed.*fn1

In dismissing the pro se Post-Conviction Act petition, without a hearing and without appointment of counsel. Judge Lewis said:

Presently before the Court is the above named petitioner's first Petition filed pursuant to the Post Conviction Hearing Act. Said Petition will be denied without a hearing and without appointment of counsel.

Petitioner's claims for relief are very specific, to-wit:

1. After being certified by juvenile court to stand trial ...


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