July 6, 1984
COMMONWEALTH OF PENNSYLVANIA, APPELLEE
DOROTHY M. RADCLIFF, APPELLANT - DEFENDANT
No. 222 and 296 Harrisburg 1981, Appeal from the Judgment of Sentence dated July 22, 1981, to Dauphin County No. 1693 Criminal Action, 1980, docketed No. 222 Harrisburg 1981 and appeal from the Order of Forfeiture dated October 14, 1981 to Dauphin County at 1693, Criminal Action 1980, docketed at No. 296 Harrisburg 1981.
Before Wickersham, Olszewski And Hoffman, JJ. Wickersham, J., filed memorandum dissenting statement.
Judgment of sentence vacated and case remanded for evidentiary hearing to determine whether defendant waived her Rule 1100 rights, and if so, whether counsel was ineffective in consenting to such waiver. If the lower court finds such waiver invalid or counsel ineffective in consenting thereto, then defendant is to be discharged; otherwise a new trial is to be granted for reasons other than the Rule 1100 violation.
Wickersham, J., filed memorandum dissenting statement.
I would affirm the judgment of sentence on the opinion of the Honorable Warren G. Morgan filed in the trial court below.
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