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260 Pa. Super. 399

Commonwealth v. Castner

Superior Court of Pennsylvania

Decided November 17, 1978

Superior Court of Pennsylvania · decided 1978-11-17

Cited by 2 later decisions — most recently December 1979

2 state decisions

Relies on 258 Pa. Super. 214 - Commonwealth v. Johnson · 245 Pa. Super. 402 - Commonwealth v. McCusker · 255 Pa. Super. 500 - Commonwealth v. Marzik

Good law ✅— No negative treatment on recordhow we know

Decided 1978-11-17

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SPAETH, Judge,

¶1dissenting:

¶2I dissent. The record does not indicate that appellant was apprised by his counsel or the lower court of his right to petition to withdraw his guilty plea, of his right to assistance of counsel in filing such a petition, and of the consequences of not filing a petition. Consequently, we cannot treat appellant’s failure to file a petition in the lower court as a voluntary and knowing waiver of his right to attack his guilty plea. Commonwealth v. McCusker, 245 Pa.Super. 402, 404, 369 A.2d 465, 466 (1976) (Spaeth, J., dissenting), allocatur allowed and case remanded per curiam, 245 Pa.Super. xlii (Sept. 21, 1977); Commonwealth v. Johnson, 258 Pa.Super. 214, 392 A.2d 760 (1978); Commonwealth v. Marzik, 255 Pa.Super. 500, 388 A.2d 340 (1978). I would remand to allow the appellant to file the proper post-plea motions.

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