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COMMONWEALTH PENNSYLVANIA v. DARRYL LYONS (03/01/85)

March 1, 1985

COMMONWEALTH OF PENNSYLVANIA, APPELLEE
v.
DARRYL LYONS, APPELLANT



No. 725 Pittsburgh, 1982, Appeal from the PCHA Order of the Court of Common Pleas, Criminal Division, of Erie County at Nos. 1507, 1774, 1776, 1777 of 1978.

Before Spaeth, P.j., Cavanaugh, Wickersham, Rowley, Olszewski, Montemuro, Beck, Tamilia And Johnson, JJ. Montemuro, J. files Memorandum Concurring and Dissenting Opinion. Spaeth, P.j. joins Memorandum Concurring and Dissenting Opinion by Montemuro, J. Johnson J. files Memorandum Concurring and Dissenting Opinion.

Per Curiam:

Order reversed and case remanded for a hearing to determine the voluntariness of the appellant's statement. If after hearing, it is determined that the statement was involuntary, then the court shall determine if the guilty plea may be withdrawn.

Jurisdiction relinquished.

Montemuro, J. files Memorandum Concurring and Dissenting Opinion.

Spaeth, P.J. joins Memorandum Concurring and Dissenting Opinion by Montemuro, J.

Johnson J. files Memorandum Concurring and Dissenting Opinion.

19850301

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