Opinion
November 9, 1970.
December 30, 1970.
Criminal Law — Practice — Post-conviction proceeding — Petitioner attacking validity of his guilty pleas — Grant to petitioner of right to appeal — Allowance of amended petition, setting forth all claims of petitioner — Hearing.
Where a defendant files a PCHA petition attacking the validity of his guilty pleas and the PCHA court grants petitioner the right to appeal, it should permit an amended petition, setting forth all claims petitioner wishes to raise with respect to his conviction and sentence, and proceed to hear them if nonfrivolous and not clearly refuted by the record.
Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.
Appeal, No. 391, April T., 1970, from order of Court of Common Pleas of Fayette County, Nos. 11 and 114 1/2 of 1969, in case of Commonwealth of Pennsylvania v. Roger Allen Miller. Order reversed and record remanded.
Petition for post-conviction relief.
Order entered dismissing petition, opinion by BANE, P.J. Defendant appealed.
Simon B. John, Assistant Public Defender, for appellant.
Daniel G. Reilly, Assistant District Attorney, and Joseph E. Kovach, District Attorney, for Commonwealth, appellee.
WRIGHT, P.J., dissented.
Submitted November 9, 1970.
Appellant filed a PCHA petition in the court below attacking the validity of his guilty pleas. The PCHA court granted petitioner the right to appeal, but did not pass upon the validity of the guilty pleas. In such cases, the PCHA court should permit an amended petition, setting forth all claims petitioner wishes to raise with respect to his conviction and sentence, and proceed to hear them if nonfrivolous and not clearly refuted by the record. Commonwealth v. Lowery, 438 Pa. 89, 263 A.2d 332 (1970); Commonwealth v. Williams, 216 Pa. Super. 355, 267 A.2d 880 (1970).
Order reversed and record remanded for proceedings consistent with this opinion.
WRIGHT, P.J., dissents.