Opinion
Submitted September 13, 1976.
December 20, 1976.
Proceedings under Post Conviction Hearing Act challenging validity of guilty plea. Petition denied after hearing before CIRILLO, J. Defendant appealed. Appeal, No. 302, Oct. T., 1976, from Court of Common Pleas of Montgomery County, July T., 1974, No. 2910. Submitted September 13, 1976.
Mitchell S. Lipschutz, for appellant; Eric J. Cox, Assistant District Attorney, and William T. Nicholas, District Attorney, for Commonwealth, appellee.
Order affirmed, and the defendant is directed to appear in the court below when called, in order to be committed by that court to serve any portion of the sentence which had not been completed at the time the appeal was made a supersedeas.
SPAETH, J., dissents.