Superior Court of Pennsylvania, 1969

Commonwealth v. Svilar

Commonwealth v. Svilar
Superior Court of Pennsylvania · Decided May 14, 1969
214 Pa. Super. 753; 257 A.2d 330; 1969 Pa. Super. LEXIS 1592

Commonwealth v. Svilar

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 (1968). Appellant shall be allowed to amend Ms petition, if possible, to allege specific, non-frivolous facts not controverted by the record and pertaining to the sentence or plea which, if true, entitle him 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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