Appeal from the P.C.H.A. Order of April 9, 1985 in the Court of Common Pleas of Allegheny County, Criminal Division, at No. CC 7906575.
Norman R. Turner, Pittsburgh, for appellant.
Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Commonwealth, appellee.
Cirillo, Beck and Watkins, JJ. Beck, J., concurs in the result.
[ 353 Pa. Super. Page 175]
This is an appeal from an Order entered April 9, 1985, in the Court of Common Pleas of Allegheny County denying appellant's petition for post-conviction relief.
In 1979, appellant, Norman Russell Turner, was charged with twenty-six (26) counts of burglary (18 Pa.C.S.A. § 3502) and ten (10) counts of theft by unlawful taking or disposition (18 Pa.C.S.A. § 3921). On January 30, 1980 appellant entered a general plea of guilty to all charges. He was sentenced to two (2) consecutive ten (10) year probationary term and sentence was suspended at counts three (3) through thirty-six (36) by virtue of those sentences. Appellant filed no post-verdict motions, no post-sentence petition to withdraw the guilty plea and no direct appeal.
During the probationary term, appellant was arrested four (4) times and convicted three (3) times. Of these arrests the most recent was on February 14, 1983. On August 15, 1983, the Honorable Bernard L. McGinley accepted appellant's guilty plea to burglary and sentenced appellant on March 22, 1984 to undergo a term of imprisonment of not less than two and one-half (2 1/2) years, nor more than five (5) years. On the same date appellant appeared before the Honorable John L. Musmanno on a probation violation based upon his latest burglary conviction. Appellant waived his right to a Gagnon I hearing and proceeded directly to a Gagnon II hearing. Appellant filed a Motion to Reinstate Probation which was argued at the time of the probation violation hearing.
At the conclusion of the hearing the court revoked appellant's probation and sentenced him to two (2) to ten (10) years imprisonment, to run concurrent with the sentence appellant was presently serving as well as the burglary
[ 353 Pa. Super. Page 176]
sentence imposed by Judge McGinley. Appellant filed no motion to modify sentence nor did he file an appeal.
Thereafter on June 15, 1984, the appellant filed a pro se post-conviction petition from the denial of which the instant appeal was taken.
Appellant now seeks review before this Court on two bases in addition to that upon which the court below denied relief. Appellant alleges ineffective representation by both revocation hearing counsel and P.C.H.A. counsel; the former by reason of his failure to appeal directly to this Court from the denial of appellant's motion for reinstatement of probation when, according to appellant, he had specifically requested counsel to do so; and the latter for ...