Commonwealth v. Hunter

359 A.2d 785, 468 Pa. 7, 1976 Pa. LEXIS 652

• Court: Supreme Court of Pennsylvania
• Decided: July 6, 1976
• Docket: 42
• Status: Published

Opinions

OPINION

PER CURIAM.

Appellant pled guilty to a charge of voluntary manslaughter and was sentenced to a prison term of six to twelve years. He appealed to this Court from a denial of his petition for post-conviction relief.

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An examination of the colloquy reveals that the trial judge failed to explain to appellant the nature and elements of the charges against him. Because this failure rendered the plea legally involuntary, we reverse appellant’s judgment of sentence. Commonwealth v. Minor, 467 Pa. 230, 356 A.2d 346 (1976); Commonwealth v. Schork, 467 Pa. 248, 356 A.2d 355 (1976); Commonwealth v. Ingram, 455 Pa. 198, 316 A.2d 77 (1974).

Reversed and remanded for a new trial.

POMEROY, J., filed a dissenting opinion. JONES, C. J., and EAGEN, J., dissent.

This appeal was not preceded by the filing of a petition in the trial court for withdrawal of the guilty plea, which is the proper method for challenging a plea of guilty. Commonwealth v. Lee, 460 Pa. 324, 327 n., 333 A.2d 749, 750 n. (1975); Commonwealth v. Zakrzewski, 460 Pa. 528, 327 n. 1, 333 A.2d 898, 900 n. 1 (1975); Commonwealth v. Starr, 450 Pa. 485, 488, 301 A.2d 592, 594 (1973).

Since, however, the adequacy of the colloquy can be decided on the record before us, we will consider the merits of the appeal. Commonwealth v. Lee, supra, at 327, 333 A.2d at 750 n. See also Commonwealth v. Minor, 467 Pa. 230, 356 A.2d 346 (1976) (dissenting opinion n. 1).