Opinion
Submitted September 12, 1977.
November 17, 1978.
Indictments charging defendant with delivery of a controlled substance, criminal conspiracy and possession of instruments of crime. Before BUCHER, J., without a jury. Finding of guilty following guilty plea and judgment of sentence entered. Defendant appealed to Superior Court, which remanded case to court below to allow defendant to withdraw guilty plea, nunc pro tunc. Order entered permitting defendant to withdraw guilty plea to charge of possession of instruments of crime, but denying petition as to charge of delivery of a controlled substance, order by BUCHER, J. Defendant appealed. Appeal, No. 567, Oct. T., 1977, from Court of Common Pleas of Lancaster County, No. 1032 of 1975. Submitted September 12, 1977.
Edward F. Browne, Jr., Assistant Public Defender, for appellant; D. Richard Eckman, District Attorney, for Commonwealth, appellee.
Order affirmed.
WATKINS, former P.J., and HOFFMAN, J., did not participate in the consideration or decision of this case.