Commonwealth v. Vargas
This text of 445 A.2d 96 (Commonwealth v. Vargas) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ORDER
The record is remanded to the Court of Common Pleas of Philadelphia for an evidentiary hearing to determine whether appellant was afforded effective assistance of trial counsel. If the court determines that there were no reasonable grounds for counsel’s actions designed to effectuate appellant’s interests, see Commonwealth ex rel. Washington v. Maroney, 427 Pa. 599, 235 A.2d 349 (1967), an order shall be entered granting appellant a new trial. If it is determined that trial counsel’s representation was effective, the judgment of sentence shall be reinstated. The parties may appeal the hearing court’s determination. See Commonwealth v. Brown, 478 Pa. 628, 387 A.2d 665 (1978); Commonwealth v. Moore, 466 Pa. 510, 353 A.2d 808 (1976); Commonwealth v. Twiggs, 460 Pa. 105, 331 A.2d 440 (1975).
Judgment of sentence vacated and case remanded for proceedings consistent with this order.
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Cite This Page — Counsel Stack
445 A.2d 96, 498 Pa. 121, 1982 Pa. LEXIS 421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-vargas-pa-1982.