Opinion
Submitted December 6, 1977.
November 3, 1978.
Indictments charging defendant with robbery and theft by extortion. Before MARSHALL, J., without a jury. Defendant found guilty of theft by extortion and not guilty of robbery and judgment of sentence entered. Defendant filed petition under Post Conviction Hearing Act, and order entered allowing defendant to appeal, nunc pro tunc, order by BLAKE, J. Defendant appealed. Appeal, No. 664, Oct. T., 1977, from Court of Common Pleas, Trial Division, of Philadelphia, Oct. T., 1975, No. 34. Submitted December 6, 1977.
Robert A. Newman, for appellant; Eric B. Henson, Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.
The instant appeal is quashed without prejudice to any rights appellant may otherwise have pursuant to the Post Conviction Hearing Act, 19 P. S. § 1180-1 et seq. (Supp. 1977). See, Commonwealth v. Valezquez, 244 Pa. Super. 327, 368 A.2d 745 (1976).
WATKINS, former P.J., and HOFFMAN, J., did not participate in the consideration or decision of this case.