Commonwealth v. Beasley

Superior Court of Pennsylvania

Commonwealth v. Beasley

375 A.2d 809, 249 Pa. Super. 162, 1977 Pa. Super. LEXIS 1975

CourtSuperior Court of Pennsylvania

DecidedJune 29, 1977

Docket748

StatusPublished

Cited by4 cases

This text of 375 A.2d 809 (Commonwealth v. Beasley) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Commonwealth v. Beasley, 375 A.2d 809, 249 Pa. Super. 162, 1977 Pa. Super. LEXIS 1975 (Pa. Ct. App. 1977).

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Opinion

PER CURIAM:

In January of 1973 a jury found appellant guilty of sodomy (two counts), assault and battery, assault with intent to maim, assault with intent to ravish, and burglary. On direct appeal, judgment of sentence was affirmed. Commonwealth v. Beasley, 229 Pa.Super. 180, 323 A.2d 840 (1974). On November 10, 1975, appellant filed a petition requesting relief under the Post Conviction Hearing Act, 1 alleging, inter alia, that he had been deprived of constitutionally effective assistance of counsel both at trial and on direct appeal. After appointing counsel to assist appellant, the lower court denied the petition without a hearing. This appeal is from that denial.

We decline to reach the merits of appellant’s contention that a hearing should have been held on his petition. See 19 P.S. § 1180-9. We note that counsel appointed to assist appellant with his PCHA petition was from the Office of Lancaster County Public Defender. Both appellant’s trial counsel and his appellate counsel were also from the Public Defender’s Office. Since appellant’s petition contained an allegation that his previous counsel had been ineffective, it was error for the court to appoint someone from the same office to aid appellant in pursuing that claim. Commonwealth v. Crowther, 241 Pa.Super. 446, 361 A.2d 861 (1976).

We therefore reverse and remand for appointment of counsel not a member of the office of the Public Defender.

1

. Act of Jan. 25, 1966, P.L. 1580 (1965), § 1 et seq., 19 P.S. § 1180-1 et seq. (1976 Supp.)

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PER CURIAM:

In January of 1973 a jury found appellant guilty of sodomy (two counts), assault and battery, assault with intent to maim, assault with intent to ravish, and burglary. On direct appeal, judgment of sentence was affirmed. Commonwealth v. Beasley, 229 Pa.Super. 180, 323 A.2d 840 (1974). On November 10, 1975, appellant filed a petition requesting relief under the Post Conviction Hearing Act, 1 alleging, inter alia, that he had been deprived of constitutionally effective assistance of counsel both at trial and on direct appeal. After appointing counsel to assist appellant, the lower court denied the petition without a hearing. This appeal is from that denial.

We decline to reach the merits of appellant’s contention that a hearing should have been held on his petition. See 19 P.S. § 1180-9. We note that counsel appointed to assist appellant with his PCHA petition was from the Office of Lancaster County Public Defender. Both appellant’s trial counsel and his appellate counsel were also from the Public Defender’s Office. Since appellant’s petition contained an allegation that his previous counsel had been ineffective, it was error for the court to appoint someone from the same office to aid appellant in pursuing that claim. Commonwealth v. Crowther, 241 Pa.Super. 446, 361 A.2d 861 (1976).

We therefore reverse and remand for appointment of counsel not a member of the office of the Public Defender.

1

. Act of Jan. 25, 1966, P.L. 1580 (1965), § 1 et seq., 19 P.S. § 1180-1 et seq. (1976 Supp.)

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375 A.2d 809, 249 Pa. Super. 162, 1977 Pa. Super. LEXIS 1975, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-beasley-pasuperct-1977.

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