Opinion
Submitted March 21, 1977.
May 5, 1978.
Indictments charging defendant with burglary, robbery, conspiracy and weapons offenses. Before HALBERT, J., without a jury. Defendant found guilty of robbery and not guilty of remaining charges and judgment of sentence entered. Defendant appealed. Appeal, No. 2246, Oct. T., 1976, from Court of Common Pleas, Trial Division, of Philadelphia, Dec. T., 1975, No. 509. Submitted March 21, 1977.
Steven A. Morley, Assistant Defender, and Benjamin Lerner, Defender, for appellant; Randolph L. Goldman, Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.
Judgment of sentence affirmed.
HOFFMAN and SPAETH, JJ., dissent. Appellant's failure to file a written application under Pa.R.Crim.P. 1100(f) should not be held a waiver of his claim. See, Commonwealth v. Yancey, 251 Pa. Super. 478, 380 A.2d 880 (1977) (Dissenting Opinion by HOFFMAN, J.).
WATKINS, former P.J., did not participate in the consideration or decision of this case.