Superior Court of Pennsylvania, 1968

Commonwealth v. Phillips

Commonwealth v. Phillips
Superior Court of Pennsylvania · Decided February 13, 1968
211 Pa. Super. 766

Commonwealth v. Phillips

Opinion of the Court

Per Curiam:

In accordance with Douglas v. California, 372 U.S. 353 (1963), and Commonwealth ex rel. Cunningham v. Maroney, 421 Pa. 157, 218 A. 2d 811 (1966), the record is remanded to the court below with instructions to appoint counsel and to hold an evidentiary hearing in order to determine whether appellant knowingly and intelligently waived his right to counsel on appeal. If the court finds that the right to counsel on appeal was not waived, appellant shall be permitted to appeal nunc pro tunc and counsel shall be appointed to represent appellant in prosecuting that appeal.

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