Opinion
Argued September 14, 1978.
October 2, 1978.
Indictment charging defendant with rape, simple assault with malice, possession of an instrument of crime with intent, corruption of a minor and felonious restraint. Before SMILLIE, J. Verdict of guilty of all charges and judgment of sentence entered. Defendant appealed. Appeal, No. 1167, Oct. T., 1978, from Court of Common Pleas of Montgomery County, July T., 1975, Nos. 3774, 3775, and 3834. Argued September 14, 1978.
William W. Spalding, for appellant; William T. Nicholas, District Attorney, submitted a brief for Commonwealth, appellee.
Before CERCONE, SPAETH and LIPEZ, JJ.
Judgment of sentence is vacated and case is remanded to the Court of Common Pleas of Montgomery County for an evidentiary hearing to determine whether appellant was denied effective assistance of counsel. If following the hearing it is determined that appellant was denied the effective assistance of counsel, a new trial shall be granted. If it is determined that appellant was not denied the effective assistance of counsel, the judgment of sentence shall be reinstated. Following the hearing court's decision, the parties may appeal its order if they so desire. Commonwealth v. Twiggs, 460 Pa. 105, 331 A.2d 440 (1975).