Opinion

Commonwealth v. Brown

277 Pa. Super. 316
419 A.2d 790
1980 Pa. Super. LEXIS 2563

Court: Superior Court of Pennsylvania
Filed: May 16, 1980
Status: Published
Author: Spaeth
On the bench: Cavanaugh, Files, Hester, Spaeth
Cited by: 0 cases

The opinion

SPAETH, Judge,

concurring:

I agree with the majority that appellant did not voluntarily and knowingly waive his right to file post-verdict motions and so should be permitted to file them nunc pro tune. However, I do not agree with the majority that Pa.R. Crim.P. 1123(b) requires a special warning not required by Pa.R.Crim.P. 1123(c). If before accepting the defendant’s waiver of his right to file post-verdict motions the trial judge advises the defendant pursuant to Pa.R.Crim.P. 1123(c), that is sufficient.

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.