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COMMONWEALTH PENNSYLVANIA v. CHARLES PATTERSON (03/13/89)

SUPERIOR COURT OF PENNSYLVANIA


submitted: March 13, 1989.

COMMONWEALTH OF PENNSYLVANIA
v.
CHARLES PATTERSON, APPELLANT

Appeal from the Post Conviction Relief Act July 28, 1988 in the Court of Common Pleas of Montgomery County, Criminal No. 3951-81, 964-86.

COUNSEL

Ward A. Cotton, Norristown, for appellant.

Mary M. Killinger, Asst. Dist. Atty., Norristown, for the Com., appellee.

Wieand, Kelly and Hester, JJ.

Author: Kelly

[ 389 Pa. Super. Page 451]

On August 25, 1989, this Court filed a memorandum which granted appellant's counsel's motion to withdraw on frivolity grounds. Appellant was informed in the memorandum of his right to proceed then with the appeal " pro se, or by privately retained counsel, or not at all." See Commonwealth v. Turner, 518 Pa. 491, 495, 544 A.2d 927, 929 (1988). This Court specifically granted appellant 30 days from the date of the filing of the memorandum to file a brief. The dead-line for filing has long since past with only stoney silence from appellant.

Turner does not indicate how or when an appellant must chose between proceeding " pro se, or by privately retained counsel, or not at all." No rule has since been promulgated. In the absence of an express rule, we consider appellant's failure to file a brief within 30 days, as directed, to be an election of the third alternative identified in Turner.

Appeal dismissed, with prejudice.

Disposition

Appeal dismissed, with prejudice.

19890313

© 1998 VersusLaw Inc.



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