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COMMONWEALTH PENNSYLVANIA v. SAMUEL MOORE (04/01/86)

SUPERIOR COURT OF PENNSYLVANIA


April 1, 1986

COMMONWEALTH OF PENNSYLVANIA
v.
SAMUEL MOORE, APPELLANT

Appeal from the Order of the Court of Common Pleas, Criminal Division, of Dauphin County at No. 1847 C.D. 1982

Before: Wickersham, Del Sole and Popovich, JJ.

Per Curiam.

Sentence is vacated and the case remanded to permit appellant to exercise his right of allocution. Jurisdiction is relinquished.

POPOVICH, J. files a concurring memorandum.

ON CONSIDERATION WHEREOF, it is now hereby ordered and adjudged by this Court that the Order of the Court of Common Pleas of Dauphin County is vacated and the case remanded. Jurisdiction is relinquished.

Disposition

ON CONSIDERATION WHEREOF, it is now hereby ordered and adjudged by this Court that the Order of the Court of Common Pleas of Dauphin County is vacated and the case remanded. Jurisdiction is relinquished.

POPOVICH, J.:

The majority states that our Supreme Court in Commonwealth v. Clemmons, Pa. , 479 A.2d 955 (1984) "set forth a new procedure . . . ." for an appellate court to examine ineffectiveness claims. Slip Opinion at 6. While agreeing with the result reached in this case, this writer is unable to join the majority's statement of law that Commonwealth v. Clemmons set forth a new procedure.

Approximately one year before Clemmons, our Supreme Court in Commonwealth v. Lohr, Pa. , 468 A.2d 1375 (1983) refused to remand the matter and addressed the merits of the ineffectiveness claims which the appellant had raised pro se and which were dismissed without a hearing at the trial level. Accord Commonwealth v. Brown, Pa. Super. , , 492 A.2d 745, 748 (1985) (Opinion in Support of Reversal by Popovich, J., joined by Wickersham, J.). Accordingly, in this writer's view, the state of the law on this issue was evolving before Commonwealth v. Clemmons, supra, which did not "set forth a new procedure.".

19860401

© 1998 VersusLaw Inc.



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