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COMMONWEALTH PENNSYLVANIA v. DURELL HOSKINS (07/06/84)

filed: July 6, 1984.

COMMONWEALTH OF PENNSYLVANIA
v.
DURELL HOSKINS, APPELLANT



No. 761 Pittsburgh, 1981, Appeal from the Order of July 7, 1981, Court of Common Pleas, Erie County, Criminal Division at No. 1673 of 1980.

COUNSEL

Carmela R.M. Presogna, Assistant Public Defender, Erie, for appellant.

Michael R. Cauley, First Assistant District Attorney, Erie, for Commonwealth, appellee.

Spaeth, President Judge and Cavanaugh, Brosky, Rowley, McEwen, Tamilia and Johnson, JJ. Spaeth, President Judge, files a dissenting opinion.

Author: Johnson

[ 329 Pa. Super. Page 227]

Following a counseled guilty plea to charges of aggravated assault*fn1 and carrying a firearm without a license,*fn2 appellant was sentenced to two and one-half to five years imprisonment on June 2, 1981. No direct appeal was taken, but on June 5, 1981 appellant filed a pleading with the trial court styled "Motion to Withdraw Plea of Guilty." The

[ 329 Pa. Super. Page 228]

    motion was denied on July 7, 1981, following a brief hearing.

On this appeal, filed July 22, 1981, appellant seeks review of five issues, all related to the attempted plea withdrawal and sentencing.*fn3 Because the appeal was not timely filed, the appeal will be quashed.*fn4

The proper disposition of this appeal requires an examination of the pleading filed by appellant three days after sentencing and styled "Motion to Withdraw Plea of Guilty." The motion, in its entirety, sets forth the following:

MOTION TO WITHDRAW PLEA OF GUILTY

AND NOW, comes the Defendant, DURELL HOSKINS, by and through his Attorneys, Evans, Johnson, Scarpitti, McCullough and Wittman, and hereby moves this Court to permit him to withdraw his previously entered plea of guilty in the above captioned matter, and in support thereof states:

1. The Defendant had previously entered a plea of guilty for the charges of aggravated assault and unlawful possession of a firearm at Information Number 1673 of 1980.

[ 329 Pa. Super. Page 2292]

. That plea was entered before the Honorable Judge Edward H. Carney in the Erie County Court of Common ...


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