Opinion
Submitted December 30, 1975.
April 8, 1976.
Indictment charging defendant with escape. Before TERRIZZI, P.J. Appeal, No. 1334, Oct. T., 1975, from judgment of sentence of Court of Common Pleas of Huntingdon County, No. 172 of 1974. Submitted December 30, 1975.
Joseph W. Mullin, Public Defender, for appellant; Richard W. Linton, District Attorney, for Commonwealth, appellee.
Case remanded to the lower court to allow appellant to file a petition to withdraw his guilty plea nunc pro tunc. See Commonwealth v. Roberts, 237 Pa. Super. 336 (1976) and Commonwealth v. Velasquez, 238 Pa. Super. 368 (1976).
WATKINS, P.J., and PRICE, J., dissent on the basis of the dissenting opinion in Commonwealth v. Roberts, supra.