Opinion
November 27, 1968.
Criminal Law — Counsel for defendant — Waiver — Adequacy of advice as to right to free counsel if indigent.
Where a defendant is informed only that he is entitled to counsel and is not told that he can have free counsel if indigent, such advice is inadequate and will not sustain a finding that he made a knowing and intelligent waiver of counsel.
Mr. Chief Justice BELL dissented.
Before BELL, C. J., JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
Petition for leave to appeal, No. 191, Jan. T., 1969, from order of Superior Court, Oct. T., 1968, No. 587, affirming judgment of Court of Oyer and Terminer of Cumberland County, Dec. T., 1955, No. 2, in case of Commonwealth v. Richard U. T. Hoffman. Petition for allocatur granted, order of Superior Court reversed, order of Court of Oyer and Terminer of Cumberland County vacated, and record remanded for new trial.
Same case in Superior Court: 213 Pa. Super. 161.
Petition for post-conviction relief. Before SHUGHART, P. J.
Order entered dismissing petition. Defendant appealed to Superior Court, which affirmed the order of the court below. Defendant filed a petition for an allocatur.
Richard U. T. Hoffman, appellant, in propria persona.
John B. Fowler, III, Assistant District Attorney, for Commonwealth, appellee.
Appellant claims that he was not represented by counsel at trial and that he did not make a knowing and intelligent waiver of counsel. Appellant was told only that he was "entitled to counsel" and was not told that he could have free counsel if indigent. This advice was inadequate. See Commonwealth v. Ritchey, 431 Pa. 269, 245 A.2d 446 (1968); Commonwealth v. Blose, 430 Pa. 209, 241 A.2d 918 (1968).
The petition for allocatur is granted, the order of the Superior Court, affirming the denial of the petition under the Post Conviction Hearing Act, is reversed, the order of the Court of Oyer and Terminer of Cumberland County is vacated and the record is remanded for a new trial.
Mr. Chief Justice BELL dissents.