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218 Pa. Super. 197

Commonwealth v. Neil

Superior Court of Pennsylvania

Decided April 15, 1971

Superior Court of Pennsylvania · decided 1971-04-15

Relies on Commonwealth v. Lowery

Decided 1971-04-15

¶1Opinion by

Cercone, J.,

¶2This case represents the same procedural problem presented in Commonwealth v. Rosenberger, 218 Pa. Superior Ct. 95, 279 A. 2d 308 (1971). The appellant was convicted on the basis of his plea of guilty to various criminal charges. He filed a petition under the Post Conviction Hearing Act (Act of January 25, 1966, P. L. (1965) 1580, 19 P.S. §1180.1 et seq.) and a hearing was held. The court properly rejected appellant’s other claims of error, but found that he had never been properly advised of his right to appeal. Therefore, the court granted appeal rights nunc pro tunc. This was improper under Commonwealth v. Lowery, 438 Pa. 89, 263 A. 2d 332 (1970), for the reasons stated in our opinion in Commonwealth v. Rosenberger, supra.

¶3We therefore reverse that part of the hearing court’s decision which grants appellant appeal rights nunc pro tunc.

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