Opinion
Submitted September 8, 1975.
May 20, 1976.
Indictments charging defendant with rape, assault and battery with intent to ravish, indecent assault, assault and battery, aggravated assault and battery and wantonly pointing a firearm. Before VOGEL, J. Plea of guilty entered and judgment of sentence entered thereon. Defendant appealed. Appeal, No. 1060, Oct. T., 1975, from Court of Common Pleas of Montgomery County, Oct. T., 1974, No. 4130.2. Submitted September 8, 1975.
Calvin S. Drayer, Jr., Assistant Public Defender, for appellant; Stewart J. Greenleaf, Assistant District Attorney, William T. Nicholas, First Assistant District Attorney, and Milton O. Moss, District Attorney, for Commonwealth, appellee.
The case is remanded to the trial court to allow appellant to file a motion to withdraw his guilty plea nunc pro tunc. See Commonwealth v. Roberts, 237 Pa. Super. 336, 352 A.2d 140 (1975); Commonwealth v. Zakrzewski, 460 Pa. 528, 333 A.2d 898 (1975).
PRICE, J., dissents on the basis of his dissenting opinion in Commonwealth v. Roberts, supra, 237 Pa. Super. 336, 340 (1975).