Commonwealth v. Heeman
Commonwealth v. Heeman
Opinion of the Court
Appellant pleaded guilty to charges of corruption of a minor
Judgment of sentence affirmed.
. 18 Pa.C.S. § 3125.
. 18 Pa.C.S. § 903.
. The dissent notes surprise at our failure to cite other cases. The failure is intentional, as admittedly there is uncertainty and conflict reflected by the cases in this area. The cited case above is the latest holding by this court on the subject.
Dissenting Opinion
dissenting:
In Commonwealth v. McCusker, 245 Pa.Super. 402, 369 A.2d 465 (1976), a majority of this court held that if a defendant fails to file in the lower court a petition to withdraw his plea, as required by Commonwealth v. Roberts, 237 Pa. 336, 352 A.2d 140 (1975), he waives his right to attack the validity of his plea on appeal. Here, the majority opinion reiterates that statement.
The reiteration is unprincipled, for two reasons. The first reason is that on petition for allocatur the Supreme Court reversed the holding of this court in McCusker. Commonwealth v. McCusker, 485 Pa. 313, 402 A.2d 500 (1977). The second reason is that we have recognized, and have followed (as, of course, we must), the Supreme Court’s decision in McCusker. Commonwealth v. Marzik, 255 Pa.Super. 500, 388 A.2d 340 (1978). See also Commonwealth v. Curry, 254 Pa.Super. 444, 386 A.2d 32 (1978). But see Commonwealth v. Hughes, 257 Pa.Super. 258, 390 A.2d 811 (1978). (It is an
The judgment of sentence should be vacated and the case remanded for further proceedings consistent with the decisions of the Supreme Court in Commonwealth v. McCusker, supra, and of this court in Commonwealth v. Marzik, supra, and Commonwealth v. Curry, supra.
Reference
- Full Case Name
- COMMONWEALTH of Pennsylvania v. Willis HEEMAN, Appellant
- Cited By
- 7 cases
- Status
- Published