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Commonwealth v. Foster

Superior Court of Pennsylvania
May 21, 1970
266 A.2d 547 (Pa. Super. Ct. 1970)

Opinion

Submitted March 24, 1970.

May 21, 1970.

Petition for post-conviction relief. Appeal, No. 672, Oct. T., 1969, from order of Court of Common Pleas of Philadelphia, Trial Division, Aug. T., 1965, No. 1387, opinion by SLOANE, J. Submitted March 24, 1970. James J. DeMarco, and DeMarco and DeMichele, for appellant; James D. Crawford, Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.


OPINION PER CURIAM: Appellant filed a PCHA petition alleging denial of his right to competent counsel and his right of appeal. No hearing was held on his allegation with respect to counsel. He was, however, granted leave to file post-trial motions nunc pro tunc, which were overruled. Upon review of these two dispositions, we enter the following: Judgment of sentence affirmed; the order of the PCHA court is vacated and the record remanded for a hearing on the issue of representation by competent counsel.


Summaries of

Commonwealth v. Foster

Superior Court of Pennsylvania
May 21, 1970
266 A.2d 547 (Pa. Super. Ct. 1970)
Case details for

Commonwealth v. Foster

Case Details

Full title:Commonwealth v. Foster, Appellant

Court:Superior Court of Pennsylvania

Date published: May 21, 1970

Citations

266 A.2d 547 (Pa. Super. Ct. 1970)
216 Pa. Super. 828