413 A.2d 708 | Pa. Super. Ct. | 1979
Lead Opinion
In this appeal from denial of relief under the Post Conviction Hearing Act,
Appellant contends that the trial court, at the plea colloquy, did not explain the elements of the crimes charged.
The PCHA court based its conclusion that appellant was aware of the nature of the charges upon the fact that appellant had been arrested at least twice before for the same crimes, that he was a student at a community college, and that trial counsel testified that he had discussed the charges with appellant before entrance of the plea. It was
Therefore, we reverse the order of the PCHA court and remand to permit appellant to withdraw his plea.
Order reversed and case remanded.
. Act of January 25, 1966, P.L. (1965) 1580, §§ 1 et seq., 19 P.S. §§ 1180-1 et seq. (Supp. 1978-79), repealed, Act of April 28, 1978, P.L. 202, No. 53, § 2(a), effective June 27, 1978.
. Appellant seeks withdrawal of his guilty plea on other grounds as well. In view of our disposition, we do not address those grounds.
. Although appellant, in his pro se appeal to this Court, apparently did not raise the issue presented in his PCHA petition, the issue is not waived because the Supreme Court’s order allowed appellant to raise his claims nunc pro tunc.
Dissenting Opinion
dissenting:
I dissent. The facts of the case are not in dispute. On July 8, 1973 appellant and a companion held-up, at gun point, a White Tower in Philadelphia. Both men were apprehended shortly thereafter in an automobile driven by appellant. The currency and the gun were in appellant’s automobile. Both men were returned to the scene and positively identified. Shortly following the denial of a Motion to Suppress, appellant’s co-defendant entered a plea of guilty. The witnesses were present; the appellant was present. Appellant’s private counsel then negotiated a plea of guilty to criminal conspiracy and robbery and the Commonwealth agreed to a sentence of six months to 10 years. Appellant entered his plea, was sentenced, and was thereafter released at the end of six months. He violated his parole and is back in the institution serving the balance of his maximum term.
Having violated his parole appellant has now, by Order of the Pennsylvania Supreme Court, filed a PCHA petition seeking to withdraw his plea. The majority would grant his request based upon the alleged failure of the sentencing court to explain the elements of the crimes of conspiracy and robbery. I would deny the request. I would affirm on the