Opinion
Argued September 13, 1976.
November 5, 1976.
Indictment charging defendant with aggravated assault and possession of an instrument of crime. Before TROMMER, J., without a jury. Finding of guilty and judgment of sentence entered. Defendant appealed. Appeal, No. 1501, Oct. T., 1976, from Court of Common Pleas, Trial Division, of Philadelphia, Oct. T., 1975, No. 2134. Argued September 13, 1976.
Howard B. Zavodnick, for appellant; Deborah E. Glass and Steven H. Goldblatt, Assistant District Attorneys, and F. Emmett Fitzpatrick, District Attorney, submitted a brief for Commonwealth, appellee.
Case remanded to the lower court to allow appellant to file a petition to withdraw his guilty plea nunc pro tunc. See Commonwealth v. Roberts, 237 Pa. Super. 336, 352 A.2d 140 (1975) and Commonwealth v. Velasquez, 238 Pa. Super. 368, 357 A.2d 155 (1976).