Commonwealth v. Franchi

Superior Court of Pennsylvania

Commonwealth v. Franchi

391 A.2d 681, 258 Pa. Super. 598

Superior Court of Pennsylvania·Decided July 12, 1978·No. Appeal, No. 54·Published

Opinion

OPINION

PER CURIAM:

Order of the court below dismissing petition under Post Conviction Hearing Act reversed and case remanded with directions to conduct a hearing on the petition.

[599] HOFFMAN and SPAETH, JJ., would remand for resentencing on the basis of Judge HOFFMAN’s dissenting opinion in Commonwealth v. McCabe, 242 Pa.Super. 413, 364 A.2d 338 (1976). PRICE, J., dissented and would affirm.

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OPINION

PER CURIAM:

Order of the court below dismissing petition under Post Conviction Hearing Act reversed and case remanded with directions to conduct a hearing on the petition.

[599] HOFFMAN and SPAETH, JJ., would remand for resentencing on the basis of Judge HOFFMAN’s dissenting opinion in Commonwealth v. McCabe, 242 Pa.Super. 413, 364 A.2d 338 (1976). PRICE, J., dissented and would affirm.

Commonwealth v. Franchi, 391 A.2d 681, 258 Pa. Super. 598 (Pa. Ct. App. 1978).

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Opinion

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