Opinion

Commonwealth v. Tegano

265 Pa. Super. 453
402 A.2d 526
1979 Pa. Super. LEXIS 2138

Court: Superior Court of Pennsylvania
Filed: Apr 20, 1979
Status: Published
Author: Spaeth
On the bench: Jacobs, Hoffman, Cer-Cone, Price, Van Voort, Spaeth, Hester
Cited by: 7 cases
Authority: More cited than 7.3%

The opinion

SPAETH, Judge,

dissenting:

I regard the issue to be whether or not the trial judge advised appellant of his right to file post-verdict motions. The record discloses that the judge did not, thereby failing to comply with Pa.R.Crim.P. 1123. Appellant should not be held to have waived issues not raised in post-verdict motions, when the judge did not advise him of his right to file such motions. See Commonwealth v. Smith, 258 Pa.Super. 148 , 392 A.2d 727 (1978) (concurring opinion by SPAETH, J.); *458 Commonwealth v. Taylor, 257 Pa.Super. 298 , 390 A.2d 831 (1978) (opinion in support of reversal).

I should therefore vacate the judgment of sentence and remand for the filing of post-verdict motions nunc pro tunc.

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