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261 Pa. Super. 405

Commonwealth v. Datts

Superior Court of Pennsylvania

Decided October 2, 1978

Superior Court of Pennsylvania · decided 1978-10-02

Relies on Commonwealth v. Twiggs

Decided 1978-10-02

¶1OPINION

PER CURIAM:

¶2Judgment of sentence is vacated and case is remanded to the Court of Common Pleas of Montgomery County for an evidentiary hearing to determine whether appellant was denied effective assistance of counsel. If following the hearing it is determined that appellant was denied the effective assistance of counsel, a new trial shall be granted. If it is determined that appellant was not denied the effective assistance of counsel, the judgment of sentence shall be reinstated. Following the hearing court’s decision, the parties may appeal its order if they so desire. Commonwealth v. Twiggs, 460 Pa. 105, 331 A.2d 440 (1975).

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