394 A.2d 988 | Pa. Super. Ct. | 1978
Lead Opinion
On March 16, 1976, appellant pleaded guilty to charges of robbery,
Appellant entered his plea several months after this court’s decision in Commonwealth v. Roberts, 237 Pa.Super. 336, 352 A.2d 140 (1975). Appellant failed, however, to comport with the Roberts requirement that prior to attacking a guilty plea on appeal, one must petition the lower court for permission to withdraw the plea. Appellant has asserted no valid explanation for his failure to comply with Roberts ; the plea’s validity is thus waived. Commonwealth v. Hughes, 251 Pa.Super. 258, 390 A.2d 811 (1978); Commonwealth v. Heeman, 260 Pa.Super. 79, 393 A.2d 1021 (1978).
Judgment of sentence affirmed.
. 18 Pa.C.S. § 3701.
. 18 Pa.C.S. § 3921.
. 18 Pa.C.S. § 2705.
Dissenting Opinion
dissenting:
I dissent. The record does not indicate that appellant was apprised by his counsel or the lower court of his right to petition to withdraw his guilty plea, of his right to assistance of counsel in filing such a petition, and of the consequences of not filing a petition. Consequently, we cannot treat appellant’s failure to file a petition in the lower court as a voluntary and knowing waiver of his right to attack his guilty plea. Commonwealth v. McCusker, 245 Pa.Super. 402, 404, 369 A.2d 465, 466 (1976) (Spaeth, J., dissenting), allocatur allowed and case remanded per curiam, 245 Pa.Super. xlii (Sept. 21, 1977); Commonwealth v. Johnson, 258 Pa.Super. 214, 392 A.2d 760 (1978); Commonwealth v. Marzik, 255 Pa.Super. 500, 388 A.2d 340 (1978). I would remand to allow the appellant to file the proper post-plea motions.
