Opinion
October 27, 1969.
Criminal Law — Practice — Plea of guilty — Claim of breach of plea bargain involving sentencing — Direct appeal — Evidentiary hearing.
Before BELL, C. J., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.
Petition for leave to appeal, No. 3166A Miscellaneous Docket, from order of Superior Court, No. 151, April T., 1968, affirming judgment of sentence of Court of Quarter Sessions of Butler County, June T., 1966, No. 121, in case of Commonwealth v. Dennis P. Kelly. Allocatur granted; order of Superior Court and judgment of Court of Quarter Sessions of Butler County vacated; case remanded for further proceedings.
Same case in Superior Court: 215 Pa. Super. 116.
Indictment charging prison breach. Before GRAFF, P. J., specially presiding.
Plea of guilty and judgment of sentence thereon. Defendant appealed to the Superior Court, which affirmed the judgment of sentence. Petition for allocatur filed in Supreme Court.
Dennis P. Kelly, petitioner, in propria persona.
John A. Brydon, District Attorney, for Commonwealth, appellee.
The order of the Superior Court and the judgment of sentence of the Court of Quarter Sessions of Butler County are vacated; the case is remanded to the Court of Common Pleas of Butler County for further proceedings consistent with the views expressed by Judge SPAULDING in his dissenting opinion in Commonwealth v. Kelly, 215 Pa. Super. 116, 257 A.2d 53 (1969).