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COMMONWEALTH PENNSYLVANIA v. WILLIAM FULLER (01/15/86)

submitted: January 15, 1986.

COMMONWEALTH OF PENNSYLVANIA
v.
WILLIAM FULLER, APPELLANT



Appeal from an Order of the Court of Common Pleas of Allegheny County, Pennsylvania, Criminal Division, dated May 17, 1985, at CC7800746.

COUNSEL

Paul Bogdon, Pittsburgh, for appellant.

Dara A. DeCourcy, Assistant District Attorney, Pittsburgh, for Commonwealth, appellee.

Cavanaugh, Olszewski and Kelly, JJ.

Author: Kelly

[ 353 Pa. Super. Page 121]

Appellant, William Fuller, appeals from the order of the Court of Common Pleas of Allegheny County, Pennsylvania, Criminal Division, dated May 17, 1985 which denied appellant's second Post Conviction Hearing Act petition

[ 353 Pa. Super. Page 122]

    without a hearing. We affirm the decision of the lower court.

On October 25, 1978, William Fuller was found guilty by jury of Robbery, Theft and Conspiracy. His motion in arrest of judgment was denied, and he was sentenced to undergo imprisonment of not less than eight (8) years or more than sixteen (16) years. A direct appeal was taken to the Superior Court of Pennsylvania in which appellant challenged the sufficiency of the evidence adduced at trial. The Superior Court affirmed the judgment of sentence. A petition for allowance of appeal to the Supreme Court of Pennsylvania was denied. Subsequently, appellant filed a petition for writ of habeas corpus in the United States District Court for the Western District of Pennsylvania, which was dismissed on September 17, 1981. Appellant was represented at trial by private counsel and on direct appeal by the Office of the Public Defender of Allegheny County.

In December, 1981, appellant filed his first Post Conviction Hearing Act petition. Subsequently, counsel was appointed, and filed an amended petition. Relief was denied without a hearing. On appeal, the Superior Court affirmed (No. 686 Pittsburgh, 1982) and the Supreme Court denied allocatur. (No. 304 Allocatur Docket, 1983).

Appellant filed his second Post Conviction Hearing Act petition in January, 1985. Private counsel was appointed to represent the petitioner. A motion to amend petitioner's second PCHA petition was filed in March, 1985. Appellant's claims ranged from ineffectiveness of trial and post-trial counsel to trial court abuse of discretion. Relief was denied without a hearing by Order dated May 17, 1985. It is this Order which is the subject of the within appeal.

The Post Conviction Hearing Act specifically provides:

(b) Issues waived. -- For the purposes of this subchapter an ...


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