378 A.2d 968 | Pa. Super. Ct. | 1977
Appellant Joseph B. Eddis was arrested on October 21, 1975, charged with rape, burglary, simple assault, and aggravated assault. Appellant appeared for trial on February 5, 1976, at which time the burglary charge was nolle prossed. A colloquy was conducted, appellant pleaded guilty to rape and aggravated assault, and the lower court accepted the pleas and placed appellant on probation for five years. Appellant filed a petition to withdraw his guilty plea,
Appellant argues that his guilty plea was not knowingly and intelligently entered because the lower court neglected to advise him of the elements of the crimes with which he was charged.
Reversed and remanded for new trial.
. The necessity of first filing a petition with the lower court to withdraw a guilty plea has been previously indicated by our court. Commonwealth v. Cooke, 244 Pa.Super. 328, 368 A.2d 741 (1976).
. Because of our disposition of this case, it is unnecessary for us to consider the other arguments made by appellant.