Opinion
Submitted December 6, 1979.
August 29, 1980.
Criminal proceedings. Robbery, possessing the instruments of a crime, simple assault, recklessly endangering another person and carrying a firearm in a public place. Before WHITE, J. No. 3022 Oct. T., 1978. Appeal from the judgment of sentence of the Court of Common Pleas, Trial Division, of Philadelphia, Feb. T., 1978, Nos. 133-138. Submitted December 6, 1979.
John W. Packel, Chief, Appeals, Assistant Public Defender, for appellant;
Eric B. Henson, Assistant District Attorney, for Commonwealth, appellee.
Case remanded for transcription of record of hearings held July 27, 1978 and August 24, 1978 and direction that same be certified back to our court. If no record is found to exist or if the record cannot be transcribed then we direct that an evidentiary hearing be conducted to determine if the Commonwealth met its burden of proving due diligence at the hearings in question. If such a hearing is required, any part aggrieved by the lower court's determination may then file a new appeal.