Commonwealth v. Freeman

Superior Court of Pennsylvania

Commonwealth v. Freeman

477 A.2d 896, 328 Pa. Super. 592, 1984 Pa. Super. LEXIS 7321

Procedural entryThis page is a short order in Commonwealth v. Freeman. Read the opinion of the Court — 295 Pa. Super. 467 →

Superior Court of Pennsylvania·Decided May 18, 1984·No. No. 2998·Published

Opinion

The judgments of sentence are vacated and the case is remanded to the trial court for an evidentiary hearing on appellant’s claim of ineffective assistance of counsel. Should the court determine that appellant was denied effective assistance of counsel, it shall grant him a new trial. Otherwise, the court shall reinstate the judgments of sentence except for those imposed for theft (Bill of Information No. 1231.33-80) and terroristic threats (Bill of Information No. 1231.37-80). In either instance, appropriate appellate rights may be exercised by either party.

Jurisdiction is not retained.

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The judgments of sentence are vacated and the case is remanded to the trial court for an evidentiary hearing on appellant’s claim of ineffective assistance of counsel. Should the court determine that appellant was denied effective assistance of counsel, it shall grant him a new trial. Otherwise, the court shall reinstate the judgments of sentence except for those imposed for theft (Bill of Information No. 1231.33-80) and terroristic threats (Bill of Information No. 1231.37-80). In either instance, appropriate appellate rights may be exercised by either party.

Jurisdiction is not retained.

Commonwealth v. Freeman, 477 A.2d 896, 328 Pa. Super. 592, 1984 Pa. Super. LEXIS 7321 (Pa. Ct. App. 1984).

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