Opinion
Submitted November 9, 1970.
December 30, 1970.
Petition for post-conviction relief. Before FIOK, J. Appeal, No. 263, April T., 1969, from order of Court of Common Pleas, Criminal Division, of Allegheny County, May T., 1966, No. 26. Submitted November 9, 1970.
John J. Dean, Assistant Public Defender, and George H. Ross, Public Defender, for appellant; Robert L. Campbell and Carol Mary Los, Assistant District Attorneys, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.
OPINION PER CURIAM: The order of the court below is vacated and the record remanded to the court below to permit appellant to file post-trial motions. If such motions are filed and denied, the court below shall permit appellant to file an appeal nunc pro tunc from the judgment of sentence. Commonwealth v. Grillo, 208 Pa. Super. 444, 222 A.2d 427 (1966).
WRIGHT, P.J., dissents.