Opinion by
In 1956, relator, without counsel, pleaded guilty in the Court of Oyer and Terminer to robbery and larceny and was sentencеd to 5 to 10 years on one charge and 1 to 2 years on the other, sentences to run concurrently. On Decеmber 17, 1963, the Common Pleas Court, sur relator’s petition for а writ of habeas corpus, granted a rule to show cаuse why such a writ should not be granted. Counsel was appоinted by the Court to represent the relator; after а hearing and consideration of the record the Cоurt denied the petition. Following affirmance by an equally divided Superior Court, we granted an allocatur.
A heаring on a guilty plea or at the time of sentencing is a “critical stage” in the proceedings against an aсcused, at which the accused is entitled to representation by counsel:
Commonwealth ex rel. O’Lock v. Rundle,
The Constitutional right to counsel is denied to an accused at a hearing on his plea of guilty unless he understandingiy and intelligently waives that right:
Commonwealth v. Sliva,
415 Pa., supra;
Commonwealth ex rel. Goodfellow v. Rundle,
415 Pa., supra;
Commonwealth ex rel. O’Lock v. Rundle,
415 Pa., supra;
Commonwealth ex rel. McCray v. Rundle,
In the instant case, not only was the relator not represented by сounsel at the guilty plea hearing, but also he made nо statement concerning Ms guilt. The facts were very unusual. Thе record shows that the sentencing Court relied solely upon the statements of the District Attorney. The District Attorney trаced relator’s history and his record, and then exprеssed the relator’s position as follows: “His defense is, аs I told your Honor previously, he claims he was drinking and he just went along for the ride, and he claims when they stoppеd for gas he went to the restroom, he was sick, and when he came out, he found the others were holding up the attendant.”
To this statement the Court responded: “But he is entering a plea here today?”, to which the District Attorney аnswered: “Yes.” Without taking any testimony or hearing any evidenсe or making any further inquiry or investigation, the Court thereupon imposed the above mentioned sentences.
In summаry, it is clear (1) that defendant was entitled to counsel at the time he pleaded guilty to these felonies and had none; and (2) that in these felony cases, waiver of counsel may not be found from a mere plea of guilty, оr from the appearance of defendant without counsel, or from failure to request counsel, or
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from a record which, is completely silent on this point:
Carnley v. Cochran,
In the light of the above cases, we make thе following Order:
The Order of the Superior Court is reversed; thе Order of the Court of Common Pleas of Chester County is reversed and the record is remanded to that Court with directions to issue the writ and to grant a new trial on each of the above mentioned Bills of Indictment.