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COMMONWEALTH PENNSYLVANIA v. GUY BOYD (05/16/88)

submitted: May 16, 1988.

COMMONWEALTH OF PENNSYLVANIA
v.
GUY BOYD, JR., APPELLANT



Appeal from the PCHA December 28, 1987 in the Court of Common Pleas of Dauphin County, Criminal Division, No. 1830 CD 1983.

COUNSEL

Patricia A. Wenger, Harrisburg, for appellant.

Yvonne A. Okonieski, Deputy District Attorney, Harrisburg, for Com., appellee.

Olszewski, Watkins and Cercone, JJ.

Author: Cercone

[ 376 Pa. Super. Page 141]

This case involves an appeal from a dismissal, without a hearing, of appellant's petition for review under the Post Conviction Hearing Act (PCHA), 42 Pa.C.S.A. ยง 9541 et seq. The lower court dismissed the petition on the basis that the claims of ineffectiveness of counsel alleged by appellant in his PCHA petition lacked arguable merit.

In June, 1984, appellant was found guilty following a jury trial of the charges of unlawful delivery of a controlled substance and criminal conspiracy.*fn1 Appellant filed post-trial

[ 376 Pa. Super. Page 142]

    motions on both charges which were dismissed by the trial court on November 8, 1984. Appellant was then sentenced to two concurrent terms of imprisonment of three (3) to six (6) years.

Appellant filed a petition to modify sentence which was denied on February 19, 1985. Following a timely appeal to the Superior Court, the judgment of sentence was affirmed on March 14, 1986. Appellant's petition for allowance of appeal was denied by the Pennsylvania Supreme Court.

Appellant then filed a pro se PCHA petition. A supplemental petition was later filed by court-appointed counsel. On December 28, 1987, appellant's petition was denied without a hearing. Appellant filed a timely appeal in this court of the December 28, 1987 order.

Appellant's argument on appeal is that the lower court erred in denying his PCHA petition without a hearing because counsel at both sentencing and on direct appeal of the judgment of sentence were ineffective for failing to object to the trial ...


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