409 A.2d 890 | Pa. Super. Ct. | 1979
Appellant, Thurmond Berry, entered a plea of guilty to murder generally, the Commonwealth certifying that the degree of guilt rose no higher than murder of the second degree. Appellant also pled guilty to tampering with a witness, four counts of robbery, criminal conspiracy and various weapons offenses. Following a colloquy, the trial court accepted appellant’s guilty pleas and found the degree of guilt in the homicide to be murder of the second degree. Appellant was sentenced to life imprisonment for the murder conviction with a consecutive one to five year prison term for tampering with a witness. Appellant was also sentenced to various probationary terms for the remaining convictions. This appeal followed.
Appellant raises two issues on this appeal, both of which involve the validity of his guilty plea on the homicide.
In Commonwealth v. Lee, 460 Pa. 324, 333 A.2d 749 (1975), the court made clear that the proper method to challenge the validity of a guilty plea is to file a petition to withdraw the plea.
Matter remanded to the trial court to allow appellant to file a petition to withdraw his guilty plea on the homicide nunc pro tunc.
. Appellant does not challenge the validity of his guilty pleas to the non-homicide offenses.
. This requirement was codified in Pa.R.Crim.P. 321 (effective for all sentences imposed after July 1, 1978).