Commonwealth v. Heeman

393 A.2d 1021, 260 Pa. Super. 79, 1978 Pa. Super. LEXIS 3961

• Court: Superior Court of Pennsylvania
• Decided: November 3, 1978
• Docket: 1310
• Status: Published

Opinions

PRICE, Judge:

Appellant pleaded guilty to charges of corruption of a minor¹ and criminal conspiracy² on December 2, 1976. Following sentencing, appellant filed a direct appeal to this court challenging the voluntariness of his plea and the adequacy of the colloquy.

Appellant entered his guilty plea well after our decision in Commonwealth v. Roberts, 237 Pa.Super. 336, 352 A.2d 140 (1975). Appellant failed, however, to comport with the Roberts mandate that prior to attacking a guilty plea on appeal, one must petition the lower court for permission to withdraw the plea. Appellant has asserted no valid explanation for his failure to comply with Roberts; the issue of the plea’s validity is thus waived. Commonwealth v. George Allen Hughes, 257 Pa.Super. 258, 390 A.2d 811 (1978).³

Judgment of sentence affirmed.

SPAETH, J., files a dissenting opinion in which CER-CONE, J., joins. WATKINS, former President Judge, and HOFFMAN, J., did not participate in the consideration or decision of this case.

1 . 18 Pa.C.S. § 3125.

2 . 18 Pa.C.S. § 903.

3 . The dissent notes surprise at our failure to cite other cases. The failure is intentional, as admittedly there is uncertainty and conflict reflected by the cases in this area. The cited case above is the latest holding by this court on the subject.