Summary
In Commonwealth v. Gaito, 3 Pa. D. C.3d 339 (1977), in connection with a motion to suppress evidence, the validity of the arrest warrant was attacked on behalf of petitioner, and the warrant, arrest and search were upheld by a thorough opinion of Judge ZEIGLER. Any further review of that matter is solely within the jurisdiction of the Pennsylvania Superior Court. Eckert v. Pennsylvania Board of Probation and Parole, 33 Pa. Commw. 390, 381 A.2d 1030 (1978).
Summary of this case from Gaito v. Pennsylvania BoardOpinion
Submitted February 17, 1976.
July 21, 1977.
Petition for post-conviction relief. Before ZIEGLER, J. Order entered dismissing petition and granting leave to file an appeal, nunc pro tunc. Defendant appealed, nunc pro tunc. Appeal, No. 46, April T., 1976, from Court of Common Pleas, Criminal Division, of Allegheny County, Sept. T., 1959, Nos. 89, 286, 288, 289, and 275, and Nov. T., 1959, No. 431. Submitted February 17, 1976.
Joseph Gaito, in propria persona, and Mark S. Frank, for appellant.
Robert E. Colville, District Attorney, for Commonwealth, appellee.
Order of the court below is reversed. The case is remanded and leave granted appellant to file post-trial motions, nunc pro tunc. See Commonwealth v. Westbrook, 245 Pa. Super. 174, 369 A.2d 350 (1976).