Commonwealth v. Foster

Superior Court of Pennsylvania

Commonwealth v. Foster

266 A.2d 547, 216 Pa. Super. 828, 1970 Pa. Super. LEXIS 2029

Procedural entryThis page is a short order in Commonwealth v. Foster. Read the opinion of the Court — 221 Pa. Super. 426 →

Superior Court of Pennsylvania·Decided May 21, 1970·No. Appeal, No. 672·Published

Opinion

Per Curiam :

Appellant filed a PCHA petition alleging denial of his right to competent counsel and his right of appeal. No hearing was held on his allegation with respect to counsel. He was, however, granted leave to file post-trial motions nunc pro tunc, which were overruled. Upon review of these two dispositions, we enter the following: Judgment of sentence affirmed; the order of the PCHA court is vacated and the record remanded for a hearing on the issue of representation by competent counsel.

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Opinion

Per Curiam :

Appellant filed a PCHA petition alleging denial of his right to competent counsel and his right of appeal. No hearing was held on his allegation with respect to counsel. He was, however, granted leave to file post-trial motions nunc pro tunc, which were overruled. Upon review of these two dispositions, we enter the following: Judgment of sentence affirmed; the order of the PCHA court is vacated and the record remanded for a hearing on the issue of representation by competent counsel.

Commonwealth v. Foster, 266 A.2d 547, 216 Pa. Super. 828, 1970 Pa. Super. LEXIS 2029 (Pa. Ct. App. 1970).

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