No. 2226 Philadelphia 1982, Appeal from the PCHA Order of the Court of Common Pleas, Criminal Division, of Luzerne County at No. 505 of 1979.
John A. Bednarz, Wilkes-Barre, for appellant.
Joseph Giebus, Assistant District Attorney, Wilkes-Barre, for Commonwealth, appellee.
Wickersham, Montemuro and Montgomery, JJ.
[ 329 Pa. Super. Page 284]
On May 21, 1979, appellant was certified for trial as an adult by the lower court, after hearing. Subsequently, appellant entered a guilty plea to the charges of third degree murder and robbery. Appellant thereafter appealed to the Pennsylvania Supreme Court, raising the issue of error in refusing to transfer his case to Juvenile Court. The Pennsylvania Supreme Court affirmed the sentence of the lower court. Commonwealth v. Moyer, 497 Pa. 643, 444 A.2d 101 (1982). In its opinion the court noted that:
On January 29, 1979, appellant, then seventeen years of age, was arrested and charged in connection with the January 16, 1979 robbery-murder of John Kenvin, who was robbed and beaten to death with a blunt instrument. On April 12, 1979, appellant filed a motion to transfer the case from the Criminal Division of the Court of Common Pleas of Luzerne County to Juvenile Court, pursuant to Section 6322 of the Juvenile Act, 42 Pa.C.S. § 6322. The trial court denied the motion to transfer on May 21, 1979, following a counseled evidentiary hearing. The following day, appellant pleaded guilty to charges of murder of the third degree and robbery. On June 27, 1979, appellant was sentenced to concurrent terms of ten to twenty years imprisonment on each conviction.
Id., 497 Pa. at 645, 444 A.2d at 102 (footnote omitted).
On August 8, 1979, the appellant filed a Post-Conviction Hearing Act Petition,*fn1 alleging ineffective assistance of counsel and an unlawfully induced guilty plea. On October 4, 1979, the lower court entered an order remanding the
[ 329 Pa. Super. Page 285]
petition for the purpose of having the appellant set forth which of the alleged facts he knew before and after his guilty plea. The appellant never pursued the PCHA petition of August 8, 1979.
Subsequently, in February of 1982, through his present counsel, appellant filed a second PCHA petition alleging ineffective assistance of counsel, an unlawfully induced guilty plea, lack of factual basis for the guilty plea and after-discovered evidence. In paragraph seven of his second petition, appellant denied having taken a direct appeal from his conviction and denied previous proceedings under the Post Conviction Hearing Act. On July 7, 1982, the Court dismissed the PCHA petition stating in the Order:
(1) In Para. 7(A) the Petitioner answered "NO". In fact, an appeal was taken on his behalf filed to No. 294 January Term 1978 in the Supreme Court of Pennsylvania. ...