Commonwealth v. Bomgardner

Superior Court of Pennsylvania

Commonwealth v. Bomgardner

368 A.2d 753, 244 Pa. Super. 345, 1976 Pa. Super. LEXIS 2206

Superior Court of Pennsylvania·Decided December 15, 1976·No. No. 413·Published

Opinions

CERCONE, Judge:

This is another case in which appellant attempts to attack his guilty plea on direct appeal without first having [346]*346filed a petition to withdraw his plea with the lower court. In Commonwealth v. Roberts, 237 Pa.Super. 336, 352 A.2d 140 (1975), we held that before a defendant will be permitted to attack his guilty plea on direct appeal he must first file a petition to withdraw his plea with the lower court. Accordingly, this case is remanded to the lower court to allow appellant to file a petition to withdraw his guilty plea nunc pro tunc. Commonwealth v. Roberts, supra. See also Commonwealth v. Velasquez, 238 Pa.Super. 368, 357 A.2d 155 (1976).

VAN der VOORT, J., files a dissenting opinion.

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CERCONE, Judge:

This is another case in which appellant attempts to attack his guilty plea on direct appeal without first having [346]*346filed a petition to withdraw his plea with the lower court. In Commonwealth v. Roberts, 237 Pa.Super. 336, 352 A.2d 140 (1975), we held that before a defendant will be permitted to attack his guilty plea on direct appeal he must first file a petition to withdraw his plea with the lower court. Accordingly, this case is remanded to the lower court to allow appellant to file a petition to withdraw his guilty plea nunc pro tunc. Commonwealth v. Roberts, supra. See also Commonwealth v. Velasquez, 238 Pa.Super. 368, 357 A.2d 155 (1976).

VAN der VOORT, J., files a dissenting opinion.

Commonwealth v. Bomgardner, 368 A.2d 753, 244 Pa. Super. 345, 1976 Pa. Super. LEXIS 2206 (Pa. Ct. App. 1976).

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