Opinion
Argued March 8, 1984.
May 18, 1984. Reargument Denied July 6, 1984.
Appeal from the judgments of sentence of the Court of Common Pleas of Montgomery County, Criminal Division, Nos. 1229-1231 of 1980. Before Vincent Cirillo, Judge. The Superior Court, No. 2998 Philadelphia 1981.
John A. DiCicco, for appellant; Ronald T. Williamson, Assistant District Attorney, for Commonwealth, appellee.
Before ROWLEY, MONTEMURO and JOHNSON, JJ.
The judgments of sentence are vacated and the case is remanded to the trial court for an evidentiary hearing on appellant's claim of ineffective assistance of counsel. Should the court determine that appellant was denied effective assistance of counsel, it shall grant him a new trial. Otherwise, the court shall reinstate the judgments of sentence except for those imposed for theft (Bill of Information No. 1231.33-80) and terroristic threats (Bill of Information No. 1231.37-80). In either instance, appropriate appellate rights may be exercised by either party.
Jurisdiction is not retained.