Opinion

Commonwealth v. Brown

218 Pa. Super. 303
279 A.2d 318
1971 Pa. Super. LEXIS 1673

Court: Superior Court of Pennsylvania
Filed: May 20, 1971
Status: Published
On the bench: Cercone, Hofpman, Jacobs, Montgomery, Spaulding, Watkins, Weight, Wright
Cited by: 0 cases
Authority: More cited than 7.5%

The opinion

Opinion

Per Curiam,

Appellant filed a PCHA petition in the court below attacking the validity of his guilty plea. The PCHA court granted petitioner the right to appeal, but did not pass upon the validity of the guilty plea. In such *304 cases, the POHA court should permit an amended petition, setting forth all claims petitioner wishes to raise with respect to his conviction and sentence, and proceed to hear them if nonfrivolous and not clearly refuted by the record. Commonwealth v. Lowery, 438 Pa. 89 , 263 A. 2d 332 (1970).

Order reversed and the record remanded for proceedings consistent with this opinion.

Weight, P. J., dissents.

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