# Commonwealth v. Tegano

> Superior Court of Pennsylvania · April 20, 1979 · 265 Pa. Super. 453

URL: https://www.frixlaw.com/law-library/cases/9640745

## Case

- **Full name:** COMMONWEALTH of Pennsylvania, v. Anthony J. TEGANO, Appellant
- **Court:** Superior Court of Pennsylvania
- **Decided:** April 20, 1979
- **Citations:** 265 Pa. Super. 453; 402 A.2d 526; 1979 Pa. Super. LEXIS 2138
- **Precedential status:** Published
- **Opinion:** Dissent by Spaeth
- **Judges:** Jacobs, Hoffman, Cer-Cone, Price, Van Voort, Spaeth, Hester
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9640745

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9640745. Public record. Not legal advice.