Superior Court of Pennsylvania, 1978

Commonwealth v. Billett

Commonwealth v. Billett
Superior Court of Pennsylvania · Decided December 28, 1978 · Cer, Cone, Consideration, Hester, Hoffman, Jacobs, Price, Spaeth, Voort
262 Pa. Super. 41; 396 A.2d 474; 1978 Pa. Super. LEXIS 4338

Commonwealth v. Billett

Opinion of the Court

PER CURIAM:

On direct appeal, appellant is challenging the voluntariness of his guilty plea without having first filed a petition with the lower court to withdraw that plea as required by Commonwealth v. Roberts, 237 Pa.Super. 336, 352 A.2d 140 (1975). However, a review of the record in this case shows that there were no warnings given to appellant of the consequences on appeal of this failure to file a petition to withdraw his guilty plea prior to challenging its validity.

Therefore, the judgment of sentence is vacated, and the case remanded for the filing of a petition nunc pro tunc as mandated by Commonwealth v. Johnson, 258 Pa.Super. 214, 392 A.2d 760 (1978).

*43VAN der VOORT, J., dissents. HOFFMAN, J., did not participate in the consideration or decision of this case.

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