Superior Court of Pennsylvania, 1978

Commonwealth v. Franchi

Superior Court of Pennsylvania · Decided July 12, 1978 · Basis, Hoffman, McCabe, Price, Remand, Resentencing, Spaeth, Super, Would

258 Pa. Super. 598; 391 A.2d 681

Opinion of the Court

OPINION

PER CURIAM:

Order of the court below dismissing petition under Post Conviction Hearing Act reversed and case remanded with directions to conduct a hearing on the petition.

*599HOFFMAN and SPAETH, JJ., would remand for resentencing on the basis of Judge HOFFMAN’s dissenting opinion in Commonwealth v. McCabe, 242 Pa.Super. 413, 364 A.2d 338 (1976). PRICE, J., dissented and would affirm.

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