Commonwealth v. Kelly

Superior Court of Pennsylvania

Decided November 17, 1978

Superior Court of Pennsylvania · decided 1978-11-17

Relies on Commonwealth v. Twiggs

Decided 1978-11-17

¶1OPINION

PER CURIAM:

¶2Judgment of sentence affirmed.

CERCONE, J., concurs in the result.*323SPAETH, J., files a dissenting statement.HOFFMAN, J., did not participate in the consideration or decision of this case.SPAETH, Judge,

¶3dissenting:

¶4I should remand for a hearing to determine whether trial counsel was ineffective for failing to file a motion to suppress and whether appellant’s waiver of a jury trial was voluntary. See Commonwealth v. Twiggs, 460 Pa. 105, 331 A.2d 440 (1975).