From Casetext: Smarter Legal Research

McCusker v. Com

Supreme Court of Pennsylvania
Sep 21, 1977
485 Pa. 313 (Pa. 1977)

Opinion

September 21, 1977.

Appeal from the Court of Common Pleas, Huntington County, No. 175 Criminal Action, 1975, Terrizzi, J.

Joseph W. Mullin, Public Defender, Huntingdon, for petitioner.

Stewart L. Kurtz, Dist. Atty., Huntingdon, for respondent.


ORDER


The record in the instant case reveals that appellant, Daniel J. McCusker, was not informed of his right to file post-verdict motions following the acceptance of his plea of nolo-contendere.

Therefore, judgment of the sentence is vacated and the case is remanded for the filing of post-verdict motions nunc pro tunc. See Pa.R.Crim.P. 1123(a), (b) and (c); Commonwealth v. Tate, 464 Pa. 25, 346 A.2d 1 (1975). Following disposition of said motions by the trial court, either side shall be entitled to file a new appeal.


Summaries of

McCusker v. Com

Supreme Court of Pennsylvania
Sep 21, 1977
485 Pa. 313 (Pa. 1977)
Case details for

McCusker v. Com

Case Details

Full title:Daniel J. McCUSKER, Petitioner, v. COMMONWEALTH of Pennsylvania

Court:Supreme Court of Pennsylvania

Date published: Sep 21, 1977

Citations

485 Pa. 313 (Pa. 1977)
402 A.2d 500

Citing Cases

Com. v. Warner

Arndt, 269 Pa. Super. 578, 410 A.2d 852 (1979); Commonwealthv. Johnson, 258 Pa. Super. 214, 392 A.2d 760…

Com v. Phillips

By challenging the sufficiency of the pre-plea colloquy, appellant is in effect challenging the validity of…