Opinion

Commonwealth v. Vargas

  • 498 Pa. 121
  • 445 A.2d 96
  • 1982 Pa. LEXIS 421
Court
Supreme Court of Pennsylvania
Filed
Mar 10, 1982
Status
Published
On the bench
Brien, Flaherty, Hutchinson, Larsen, McDermott, Nix, Roberts
Cited by
1 cases
Authority
More cited than 51.7%

The opinion

ORDER

PER CURIAM:

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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