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Com. v. Rodgers

Superior Court of Pennsylvania
May 4, 1977
372 A.2d 1229 (Pa. Super. Ct. 1977)

Opinion

Submitted December 22, 1976.

Decided May 4, 1977.

Appeal from the Court of Common Pleas, Criminal Division, Huntingdon County, at C.A. Nos. 211, 227, of 1975, Terrizzi, President Judge

Joseph W. Mullin, Public Defender, Huntingdon, for appellant.

Stewart L. Kurtz, II, Huntingdon, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


Cause remanded for an evidentiary hearing on appellant's contention that his pleas of guilty entered to No. 211 Criminal Action, 1975, and No. 227 Criminal Action, 1975, were involuntary because counsel was ineffective. Commonwealth v. Twiggs, 460 Pa. 105, 331 A.2d 440 (1975). The lower court shall appoint counsel who is not associated with the office of the Public Defender of Huntingdon County to represent appellant at the ineffectiveness hearing. Commonwealth v. Via, 455 Pa. 373, 316 A.2d 895 (1974); Commonwealth v. Crowther, 241 Pa. Super. 446, 361 A.2d 861 (1976). Appellant shall also be permitted to present to the lower court any other grounds which could support a petition to withdraw his guilty pleas. Commonwealth v. Roberts, 237 Pa. Super. 336, 352 A.2d 140 (1975).


Summaries of

Com. v. Rodgers

Superior Court of Pennsylvania
May 4, 1977
372 A.2d 1229 (Pa. Super. Ct. 1977)
Case details for

Com. v. Rodgers

Case Details

Full title:COMMONWEALTH of Pennsylvania v. Paul S. RODGERS, Appellant

Court:Superior Court of Pennsylvania

Date published: May 4, 1977

Citations

372 A.2d 1229 (Pa. Super. Ct. 1977)
372 A.2d 1229