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277 Pa. Super. 316

Commonwealth v. Brown

Superior Court of Pennsylvania

Decided May 16, 1980

Superior Court of Pennsylvania · decided 1980-05-16

Decided 1980-05-16

SPAETH, Judge,

¶1concurring:

¶2I agree with the majority that appellant did not voluntarily and knowingly waive his right to file post-verdict motions and so should be permitted to file them nunc pro tune. However, I do not agree with the majority that Pa.R. Crim.P. 1123(b) requires a special warning not required by Pa.R.Crim.P. 1123(c). If before accepting the defendant’s waiver of his right to file post-verdict motions the trial judge advises the defendant pursuant to Pa.R.Crim.P. 1123(c), that is sufficient.

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