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COMMONWEALTH PENNSYLVANIA v. BERNARD CARTER (03/03/86)

submitted: March 3, 1986.

COMMONWEALTH OF PENNSYLVANIA
v.
BERNARD CARTER, APPELLANT



Appeal from the Judgment of Sentence of June 8, 1984, in the Court of Common Pleas of Allegheny County, Criminal Division, at No. 8304282A.

COUNSEL

David Mauro, Bellevue, for appellant.

Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Com., appellee.

Wickersham, Watkins and Cercone, JJ.

Author: Watkins

[ 353 Pa. Super. Page 204]

This submitted case comes to us on appeal from the Judgment of Sentence entered on June 8, 1984, in the Court of Common Pleas of Allegheny County sentencing appellant to serve not less than five (5) nor more than ten (10) years of imprisonment.

On May 23, 1983, the appellant, Bernard Carter, was charged with one (1) count of robbery. Following a non-jury trial before the Honorable Quint Salmon appellant was found guilty of robbery on October 6, 1983. By appointed trial counsel, appellant filed Motion for New Trial and/or Arrest of Judgment, by leave of the court below, nunc pro tunc, on October 25, 1983. This motion was denied by Judge Salmon on May 22, 1984. On June 8, 1984, Judge Salmon sentenced appellant to a term of imprisonment of not less than five (5) nor more than ten (10) years. On June 21, 1984, appellant filed by mail his pro se Motion for Reconsideration of Sentence which was denied. A second pro se Motion for Reconsideration of Sentence was filed by appellant on June 28, 1984.

On August 25, 1984, the appellant requested that the Office of the Public Defender withdraw from his appeal because he wished to raise the issue of trial counsel's ineffectiveness. (The Public Defender's Office had filed a notice of appeal on July 6, 1984.) The Office of the Public Defender petitioned the court for permission to withdraw which was denied. On December 28, 1984, the Public Defender's Office filed a Petition for Reconsideration of their withdrawal. A petition for review of the court's decision was filed with the Pennsylvania Supreme Court

[ 353 Pa. Super. Page 205]

    which granted the relief sought on June 20, 1985. On July 30, 1985, this Court also granted appellant's request to have the Public Defender's Office withdraw its representation of appellant and remanded the case to the Court of Common Pleas of Allegheny County for the appointment of new counsel. This appeal followed.

Appellant presents the following questions for our consideration:

1. Was the Commonwealth's evidence sufficient to sustain appellant's ...


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