Superior Court of Pennsylvania, 1971

Commonwealth v. Brown

Commonwealth v. Brown
Superior Court of Pennsylvania · Decided May 20, 1971 · Cercone, Hofpman, Jacobs, Montgomery, Spaulding, Watkins, Weight, Wright
218 Pa. Super. 303; 279 A.2d 318; 1971 Pa. Super. LEXIS 1673

Commonwealth v. Brown

Opinion of the Court

Opinion

Per Curiam,

Appellant filed a PCHA petition in the court below attacking the validity of his guilty plea. The PCHA court granted petitioner the right to appeal, but did not pass upon the validity of the guilty plea. In such *304cases, the POHA court should permit an amended petition, setting forth all claims petitioner wishes to raise with respect to his conviction and sentence, and proceed to hear them if nonfrivolous and not clearly refuted by the record. Commonwealth v. Lowery, 438 Pa. 89, 263 A. 2d 332 (1970).

Order reversed and the record remanded for proceedings consistent with this opinion.

Weight, P. J., dissents.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.