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COMMONWEALTH PENNSYLVANIA v. WILLIAM DONALD REIDER (01/21/85)

submitted: January 21, 1985.

COMMONWEALTH OF PENNSYLVANIA
v.
WILLIAM DONALD REIDER, APPELLANT



No. 00393 Harrisburg 1983, Appeal from the Order of the Court of Common Pleas, Criminal Division, of Dauphin County at No. 1165; 1165(A) C.D. 1977.

COUNSEL

William D. Reider, appellant, in propria persona.

Katherene E. Holtzinger-Conner, Deputy District Attorney, Harrisburg, for Commonwealth, appellee.

Popovich, Watkins and Lipez, JJ. Lipez, J., concurs in the result.

Author: Popovich

[ 343 Pa. Super. Page 272]

This is an appeal from the order of the Court of Common Pleas of Dauphin County summarily denying appellant's, William Donald Reider's, fourth Post-Conviction Hearing Act petition. 19 P.S. § 1180-1 et seq., as amended 42 Pa.C.S.A. §§ 9541-9551. We affirm.

As seems to be the case with most multiple PCHA petitions, the result we reach requires a sifting through a maze of petitions and unsuccessful appeals peppered with claims of ineffectiveness. The present case is no exception.

Our analysis begins with appellant's plea of guilty to rape, indecent assault and involuntary deviate sexual intercourse on March 14, 1978, in Dauphin County. On May 8, a sentence of 8-20 years imprisonment was imposed. No appeal was taken. Rather, on June 6, appellant filed a pro se PCHA petition. Counsel from the public defender's office was appointed and submitted an "Application For Reconsideration of Sentence" on June 7 claiming, in part, that:

2. On May 8, 1978, after review of a pre-sentence investigation report which had been requested by Cumberland County authorities when Petitioner faced similar charges

[ 343 Pa. Super. Page 273]

    in that county, Petitioner was sentenced [in Dauphin County] . . . to a term of imprisonment of not less than eight (8) nor more than twenty (20) years . . . .

3. . . . the pre-sentence report prepared at the direction of Cumberland County contained misinformation which was detrimental to him, and that a separate report should have been prepared for use in Dauphin County.

In response, the Commonwealth noted that appellant had "fail[ed] to allege what misinformation appeared in the Cumberland County Pre-Sentence report", and sought to have the application denied. The PCHA court ...


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