Commonwealth v. Bergdahl

Superior Court of Pennsylvania

Commonwealth v. Bergdahl

400 A.2d 207, 264 Pa. Super. 520, 1979 Pa. Super. LEXIS 2000

CourtSuperior Court of Pennsylvania

DecidedMarch 28, 1979

DocketNo. 436

StatusPublished

Cited by1 cases

This text of 400 A.2d 207 (Commonwealth v. Bergdahl) 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.

Bluebook

Commonwealth v. Bergdahl, 400 A.2d 207, 264 Pa. Super. 520, 1979 Pa. Super. LEXIS 2000 (Pa. Ct. App. 1979).

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Opinion

WATKINS, Judge:

This is an appeal from the judgment of sentence of the Court of Common Pleas of Allegheny County, Criminal Division, after conviction, non-jury, of receiving stolen property, possession of controlled substance and possession with intent to deliver controlled substance. Post-trial motions [522]*522were denied and sentence on the first and second counts of the indictment were suspended upon payment of costs; the third count was suspended upon payment of costs, and the defendant was placed on probation for two (2) years.

The Commonwealth points out that the appellant was represented at trial by the Assistant Public Defender, Stephen P. Swem, Esquire. On appeal, the appellant is represented again by the Allegheny County Public Defender’s office and one of the issues raised on appeal is ineffective assistance of counsel so that “in such circumstances, it cannot be ‘assumed that appellate counsel will provide the zealous advocacy to which an appellant is entitled’ ”. Commonwealth v. Patrick, 477 Pa. 284, 383 A.2d 935 (1978).

The case is remanded to the court below for appointment of new counsel to represent the appellant on appeal in accordance with Commonwealth v. Patrick, supra.

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WATKINS, Judge:

This is an appeal from the judgment of sentence of the Court of Common Pleas of Allegheny County, Criminal Division, after conviction, non-jury, of receiving stolen property, possession of controlled substance and possession with intent to deliver controlled substance. Post-trial motions [522]*522were denied and sentence on the first and second counts of the indictment were suspended upon payment of costs; the third count was suspended upon payment of costs, and the defendant was placed on probation for two (2) years.

The Commonwealth points out that the appellant was represented at trial by the Assistant Public Defender, Stephen P. Swem, Esquire. On appeal, the appellant is represented again by the Allegheny County Public Defender’s office and one of the issues raised on appeal is ineffective assistance of counsel so that “in such circumstances, it cannot be ‘assumed that appellate counsel will provide the zealous advocacy to which an appellant is entitled’ ”. Commonwealth v. Patrick, 477 Pa. 284, 383 A.2d 935 (1978).

The case is remanded to the court below for appointment of new counsel to represent the appellant on appeal in accordance with Commonwealth v. Patrick, supra.

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Bluebook (online)

400 A.2d 207, 264 Pa. Super. 520, 1979 Pa. Super. LEXIS 2000, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-bergdahl-pasuperct-1979.

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