Opinion
Submitted April 19, 1971.
October 12, 1971.
Criminal Law — Counsel for defendant — Appeals — Indigent defendant.
Mr. Chief Justice BELL filed a dissenting opinion.
Before BELL, C. J., JONES, EAGEN, O'BRIEN, ROBERTS, POMEROY and BARBIERI, JJ.
Appeal, No. 587, Jan. T., 1970, from order of Court of Common Pleas, Trial Division, of Philadelphia, Nov. T., 1958, No. 330, in case of Commonwealth of Pennsylvania v. Willie Green. Order vacated and record remanded.
Petition for post-conviction relief. Before DOTY, J.
Petition denied. Petitioner appealed.
Henry J. Lotto, for appellant.
James T. Owens and Milton M. Stein, Assistant District Attorneys, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.
The order of the court below is vacated, and the record is remanded with directions to enter an order permitting Willie Green to file within thirty (30) days from the date of entry of this order post-trial motions as if the same were timely filed. If such are filed and decided adversely to Green, he may then file a direct appeal from the judgment and conviction. Commonwealth v. Harris, 443 Pa. 279, 278 A.2d 159 (1971); Commonwealth v. Robinson, 442 Pa. 512, 276 A.2d 537 (1971); Commonwealth v. Maloy, 438 Pa. 261, 264 A.2d 697 (1970).
In 1960, appellant, while represented by counsel, pleaded guilty to murder and was found guilty of murder in the first degree and sentenced to life imprisonment. In 1969, he filed a P.C.H.A. petition, in which counsel averred, as usual, that defendant had never been advised of his right to appeal his conviction or of his right to counsel on appeal, if he were indigent. What is the use of having counsel or pleading guilty while represented by counsel, if ten years later the defendant can assert such patently false or inconsequential reasons for appeal?
I dissent.