417 A.2d 745 | Pa. Super. Ct. | 1979
On June 11, 1976, a court sitting without jury convicted appellant of murder of the third degree and possession of an instrument of crime. Appellant, represented by trial counsel, filed post-verdict motions challenging only sufficiency of the evidence to sustain the verdicts. After denying the motions, the trial court sentenced appellant to a term of imprisonment of 4 to 16 years for murder and a concurrent term of 2 to 4 years on the weapons charge. Appellant’s counsel did not file an appeal. On June 7, 1977, appellant, acting pro se, filed a petition under the Post Conviction Hearing Act,
At appellant’s trial, the Commonwealth presented James Edward Sanders as an eyewitness. During direct examination, the trial court asked the prosecutor, “Is that your witness?” Trial counsel answered, “No. He’s a client of mine, Your Honor.” Direct examination then continued.
Faced with appellant’s allegations, the PCHA court should have held a hearing to determine whether trial counsel was effective. See Commonwealth v. Sample, 270 Pa.Super. 47, 410 A.2d 889 (1979). Because the record is too meager to permit this court to make that determination, we remand for the PCHA court to hold a hearing. See id.
Case remanded for proceedings consistent with this opinion.
Act of January 25, 1966, P.L. (1965) 1580, 19 P.S. § 1180-1 et seq. (Supp.1979), repealed, Act of April 28, 1978, P.L. 202, effective June 27, 1978.