236 Pa. Super. 82 | Pa. Super. Ct. | 1975
Opinion by
On November 16, 1970, appellant pleaded guilty to the charge of assault with intent to kill. Appellant then unsuccessfully appealed claiming his 7 year sentence was excessive. On September 21, 1971, appellant filed a petition pursuant to the Post Conviction Hearing Act
Section 3 of the PCHA clearly states that, “[t]o be eligible for relief under this act, a person . . . must prove . . . [t]hat the error resulting in his conviction and sentence has not been finally litigated or waived.” Section
However, on this appeal appellant attempts to show “extraordinary circumstances”
Order affirmed.
Spaeth, J., concurs in the result.
. Act of January 25, 1966, P.L. (1965) 1580, §1 et seq. effective March 1,1966, 19 P.S. §1180-1 et seq. Hereinafter referred to as the PCHA.
. See Section 4(b) (2) of the PCHA.