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262 Pa. Super. 41

Commonwealth v. Billett

Superior Court of Pennsylvania

Decided December 28, 1978

Superior Court of Pennsylvania · decided 1978-12-28

Relies on 237 Pa. Super. 336 - Commonwealth v. Roberts · 258 Pa. Super. 214 - Commonwealth v. Johnson

Decided 1978-12-28

PER CURIAM:

¶1On direct appeal, appellant is challenging the voluntariness of his guilty plea without having first filed a petition with the lower court to withdraw that plea as required by Commonwealth v. Roberts, 237 Pa.Super. 336, 352 A.2d 140 (1975). However, a review of the record in this case shows that there were no warnings given to appellant of the consequences on appeal of this failure to file a petition to withdraw his guilty plea prior to challenging its validity.

¶2Therefore, the judgment of sentence is vacated, and the case remanded for the filing of a petition nunc pro tunc as mandated by Commonwealth v. Johnson, 258 Pa.Super. 214, 392 A.2d 760 (1978).

*43VAN der VOORT, J., dissents.HOFFMAN, J., did not participate in the consideration or decision of this case.
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