Opinion
December 11, 1970.
April 15, 1971.
Criminal Law — Practice — Plea of guilty — Questions which may be raised on direct appeal or in a collateral proceeding — Denial of right to appeal — Procedure of PCHA court — Grant of direct appeal nunc pro tunc unnecessary.
Commonwealth v. Rosenberger, 218 Pa. Super. 95, followed.
Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.
Appeals, Nos. 1541, 1542, and 1543, Oct. T., 1970, from judgment of sentence of Court of Common Pleas of Delaware County, Sept. T., 1965, Nos. 43, 45, and 47, in case of Commonwealth of Pennsylvania v. Roy E. Gilbert. Judgment reversed in part and affirmed in part.
Petition for post-conviction relief. Before DIGGINS, P.J.
Order entered dismissing petition and granting leave to file an appeal, nunc pro tunc. Defendant appealed.
R. Barclay Surrick, Assistant Public Defender, for appellant.
Vram Nedurian, Jr., Assistant District Attorney, for Commonwealth, appellee.
Submitted December 11, 1970.
This case involves the exact procedural problem presented in Commonwealth v. Rosenberger, 218 Pa. Super. 95, 279 A.2d 308 (1971) and Commonwealth v. Neil, 218 Pa. Super. 197, 279 A.2d 336 (1971). For the reasons stated in my opinions in those two cases, we reverse that part of the Post Conviction Hearing Act court's decision which grants appellant the right to direct appeal nunc pro tunc. In all other respects we affirm.