Commonwealth v. Neil

Superior Court of Pennsylvania

Commonwealth v. Neil

279 A.2d 336, 218 Pa. Super. 197, 1971 Pa. Super. LEXIS 1645

CourtSuperior Court of Pennsylvania

DecidedApril 15, 1971

DocketAppeal, No. 1822

StatusPublished

Cited by1 cases

This text of 279 A.2d 336 (Commonwealth v. Neil) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Neil, 279 A.2d 336, 218 Pa. Super. 197, 1971 Pa. Super. LEXIS 1645 (Pa. Ct. App. 1971).

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Opinion

Opinion by

Cercone, J.,

This case represents the same procedural problem presented in Commonwealth v. Rosenberger, 218 Pa. Superior Ct. 95, 279 A. 2d 308 (1971). The appellant was convicted on the basis of his plea of guilty to various criminal charges. He filed a petition under the Post Conviction Hearing Act (Act of January 25, 1966, P. L. (1965) 1580, 19 P.S. §1180.1 et seq.) and a hearing was held. The court properly rejected appellant’s other claims of error, but found that he had never been properly advised of his right to appeal. Therefore, the court granted appeal rights nunc pro tunc. This was improper under Commonwealth v. Lowery, 438 Pa. 89, 263 A. 2d 332 (1970), for the reasons stated in our opinion in Commonwealth v. Rosenberger, supra.

We therefore reverse that part of the hearing court’s decision which grants appellant appeal rights nunc pro tunc.

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Opinion by

Cercone, J.,

This case represents the same procedural problem presented in Commonwealth v. Rosenberger, 218 Pa. Superior Ct. 95, 279 A. 2d 308 (1971). The appellant was convicted on the basis of his plea of guilty to various criminal charges. He filed a petition under the Post Conviction Hearing Act (Act of January 25, 1966, P. L. (1965) 1580, 19 P.S. §1180.1 et seq.) and a hearing was held. The court properly rejected appellant’s other claims of error, but found that he had never been properly advised of his right to appeal. Therefore, the court granted appeal rights nunc pro tunc. This was improper under Commonwealth v. Lowery, 438 Pa. 89, 263 A. 2d 332 (1970), for the reasons stated in our opinion in Commonwealth v. Rosenberger, supra.

We therefore reverse that part of the hearing court’s decision which grants appellant appeal rights nunc pro tunc.

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Bluebook (online)

279 A.2d 336, 218 Pa. Super. 197, 1971 Pa. Super. LEXIS 1645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-neil-pasuperct-1971.

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