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COMMONWEALTH PENNSYLVANIA V. STEVEN GILES (03/08/85)

SUPERIOR COURT OF PENNSYLVANIA


March 8, 1985

COMMONWEALTH OF PENNSYLVANIA V. STEVEN GILES, APPELLANT

NO. 226 PITTSBURGH, 1982, Appeal from the judgment of sentence of February 8, 1982, in the Court of Common Pleas of Allegheny County, Criminal Division, at No. 8102445A/8102444A.

Before Cavanaugh, McEWEN and Beck, JJ. Cavanaugh, J. files a Concurring Statement. McEwen, J. files a Dissenting Memorandum.

Per Curiam:

The judgment of sentence for simple assault is vacated. We affirm in part as to those determinations of the trial court which do not involve an ineffective counsel claim, and we remand to the trial court for the appointment of independent counsel who may raise any ineffective counsel claim available to appellant. If proceedings are required on any ineffectiveness claim asserted by new counsel, such proceedings shall be conducted in the trial court, and appellant may appeal any trial court determination emanating from such proceedings. Jurisdiction is relinquished.

Cavanaugh, J. files a Concurring Statement.

McEwen, J. files a Dissenting Memorandum.

19850308

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