Summary
In Commonwealth v. Jaynes, 427 Pa. 398, 235 A.2d 149, we vacated the Order of the lower Court which denied Jaynes's petition, and ordered the record remanded, with instructions to appoint counsel to represent Jaynes in said post-conviction proceedings.
Summary of this case from Commonwealth v. JaynesOpinion
Submitted September 25, 1967.
November 14, 1967.
Criminal law — Post-conviction hearing — Petition — Request for counsel — Post Conviction Hearing Act.
In a petition filed under the Post Conviction Hearing Act of 1966, P. L. (1965) 1580, in which petitioner requests counsel and alleges that he is without means to procure counsel, the court must act in accordance with § 12 of the Act which provides "If appointment of counsel is so requested, the court shall appoint counsel if satisfied that the petitioner has no means to procure counsel."
Mr. Justice COHEN took no part in the consideration or decision of this case.
Before BELL, C. J., MUSMANNO, JONES, EAGEN, O'BRIEN and ROBERTS, JJ.
Appeal, No. 157, March T., 1967, from order of Court of Oyer and Terminer of Erie County, No. 449 of 1965, in case of Commonwealth of Pennsylvania v. Boyd F. Jaynes. Order vacated.
Petition under Post Conviction Hearing Act.
Petition dismissed without hearing, opinion by BARBER, J. Defendant appealed to Superior Court which certified case to Supreme Court.
Boyd F. Jaynes, appellant, in propria persona.
Richard F. Brabender, First Assistant District Attorney, and Lindley R. McClelland, District Attorney, for Commonwealth, appellee.
After a 1965 plea of guilty to voluntary manslaughter, appellant was sentenced to 6-12 years. No timely appeal was taken but a post-conviction petition was presented to the Erie County Court of Oyer and Terminer. This petition was denied and an appeal erroneously taken to the Superior Court which thereupon certified the matter to our Court for disposition.
Appellant requested that counsel be appointed for his post-conviction proceeding. There is no indication of record that appellant had the financial resources to procure counsel of his choice, and appellant did state in his petition that he was without funds. Since appointment of counsel for an indigent is mandatory under the Post Conviction Hearing Act, Act of January 25, 1966, P. L. (1965) 1580, 19 P. S. § 1180-12 (Supp. 1966), the order of the court below is vacated and the record remanded for the appointment of counsel. See Commonwealth v. Mitchell, 427 Pa. 395, 235 A.2d 148 (1967); Commonwealth v. Richardson, 426 Pa. 419, 233 A.2d 183 (1967); Commonwealth v. Hoffman, 426 Pa. 226, 232 A.2d 623 (1967).
The order of the Court of Oyer and Terminer of Erie County is vacated and the record remanded to that court with instructions to appoint counsel to represent Boyd Franklin Jaynes in a post-conviction proceeding at which his eligibility for an evidentiary hearing and/or other relief may be determined.
Mr. Justice COHEN took no part in the consideration or decision of this case.