Superior Court of Pennsylvania, 1969

Commonwealth v. Gibson

Commonwealth v. Gibson
Superior Court of Pennsylvania · Decided May 14, 1969
214 Pa. Super. 752; 257 A.2d 374; 1969 Pa. Super. LEXIS 1591

Commonwealth v. Gibson

Opinion of the Court

Per Curiam:

Opinion The court below dismissed appellant’s post-conviction petition which alleged only denial of the right to appeal from a guilty plea. It did not independently determine the legality of the sentence and voluntariness of the plea as required by Commonwealth v. Walters, 431 Pa. 74, n. 1 at 76, 244 A. 2d 757 n. (1968). Appellant shall be allowed to amend his petition, if possible, to allege specific, non-frivolous facts not controverted by the record and pertaining to *753the sentence or plea which, if true, entitle Mm to relief. If such amendment is made, the necessary determination shall be made only after a full and fair evidentiary hearing on the facts alleged.

Accordingly, the order of the lower court is vacated and the record remanded for this determination.

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