Opinion
Submitted June 10, 1968.
August 9, 1968.
Petition for post-conviction hearing. Before GUERIN, P.J. Appeal, No. 616, Oct. T., 1968, from order of Court of Quarter Sessions of Philadelphia County, Dec. T., 1961, No. 778. Submitted June 10, 1968.
David Robinson, appellant, in propria persona; James D. Crawford, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.
In accordance with Douglas v. California, 372 U.S. 353 (1963), and Commonwealth ex rel. Cunningham v. Maroney, 421 Pa. 157, 218 A.2d 811 (1966), the order is vacated and the record remanded with instructions to the court below to hold an evidentiary hearing to determine whether appellant knowingly and intelligently waived his right to counsel on appeal. If the court finds that the right to counsel on appeal was not waived, appellant shall be permitted to appeal nunc pro tunc and counsel shall be appointed to represent appellant in prosecuting that appeal.