Opinion
Submitted March 30, 1977.
May 5, 1978.
Indictments charging defendant with theft and assault. Before TERRIZZI, P.J. Finding of guilty following guilty plea and judgment of sentence entered. Defendant appealed. Appeal No. 1971, Oct. T., 1976, from Court of Common Pleas of Huntingdon County, No. 45 of 1976. Submitted March 30, 1977.
Joseph W. Mullin, Public Defender, for appellant; Stewart L. Kurtz, District Attorney, for Commonwealth, appellee.
The judgment of sentence is vacated and the case is remanded for further proceedings consistent with Commonwealth v. McCusker, Pa. (No. 2850 Allocatur Docket, filed 9/21/77). Upon remand the lower court must advise appellant as provided in Rule 1405(c), Pa.R.Crim.P. (Added 6/29/77, effective 9/1/77). Appellant should comply with the procedure set forth in Rule 321, Pa.R.Crim.P.
PRICE and VAN der VOORT, JJ., dissented.
WATKINS, former P.J., did not participate in the consideration or decision of this case.