Opinion
December 2, 1974.
September 22, 1975.
Criminal Law — Practice — Petition under Post Conviction Hearing Act — Necessity of counsel assisting defendant.
The lower court should appoint counsel to aid a defendant in the preparation and prosecution of his petition under the Post Conviction Hearing Act.
Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT, and SPAETH, JJ.
Appeal, No. 1304, Oct. T., 1974, from order of Court of Common Pleas, Trial Division, of Philadelphia, Oct. T., 1971, Nos. 842, 843, and 844, in case of Commonwealth of Pennsylvania v. Marvin Williams. Order reversed and case remanded with a procedendo.
Petition for post-conviction relief.
Order entered dismissing petition, order by GUTOWICZ, J. Defendant appealed.
Thomas D. Watkins, for appellant.
Suzanne Balen Ercole, Mark Sendrow, and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.
Submitted December 2, 1974.
The hearing court denied appellant's petition under the Post Conviction Hearing Act, Act of Jan. 25, 1966, P.L. (1965) 1580, 19 P. S. § 1180-1 et seq. (Supp. 1974-75), without either appointing counsel or conducting an evidentiary hearing, or giving petitioner leave to amend. This was error. Commonwealth v. Stull, 439 Pa. 20, 266 A.2d 477 (1970). The court below should appoint counsel to aid appellant in the preparation and prosecution of his petition.
Order reversed and the case remanded with a procedendo.