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COMMONWEALTH PENNSYLVANIA v. PHILLIP DIRIKSON (09/27/85)

September 27, 1985

COMMONWEALTH OF PENNSYLVANIA, APPELLEE
v.
PHILLIP DIRIKSON, APPELLANT



Appeal from Judgment of Sentence, Court of Common Pleas, Criminal Division, Philadelphia County No. 8310-1651-1660.

Before: Cavanaugh, Cirillo and Hester, JJ.

Per Curiam.

Remand for an evidentiary hearing as to whether appellant's trial counsel had a reasonable basis for failing to request the alibi charge or presenting alibi witnesses. If trial counsel is found to have been ineffective, then judgment of sentence should be vacated and appellant afforded a new trial. If, however, trial counsel's representation is found to have been effective, then appellant is entitled to appeal again limited to the ineffectiveness issues. Jurisdiction relinquished.

Dissenting Memorandum by Cirillo, J.

Disposition

Remand for an evidentiary hearing as to whether appellant's trial counsel had a reasonable basis for failing to request the alibi charge or presenting alibi witnesses. If trial counsel is found to have been ineffective, then judgment of sentence should be vacated and appellant afforded a new trial. If, however, trial counsel's representation is found to have been effective, then appellant is entitled to appeal again limited to the ineffectiveness issues. Jurisdiction relinquished.

19850927

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