Commonwealth v. Boone
Commonwealth v. Boone
Opinion of the Court
On April 10, 1978, appellant was found guilty in a non-jury trial of aggravated assault,
The facts giving rise to these convictions need not be detailed, other than to note that they arose from a fight in
We cannot determine from this record the basis for counsel’s action in this matter. We therefore will remand for an evidentiary hearing for the trial court to determine, under the standard of Commonwealth ex rel. Washington v. Maroney, 427 Pa. 599, 235 A.2d 349 (1967), whether trial counsel’s assistance was ineffective. The judgment of sentence will be vacated. If upon remand, the trial court decides that counsel’s assistance did not meet this standard, a new trial shall be awarded. If, however, trial counsel’s assistance is found not to be ineffective, the judgment of sentence shall be reinstated. Commonwealth v. Twiggs, 460 Pa. 105, 331 A.2d 440 (1975).
Following the hearing court’s decision, the parties may appeal its order if they so desire. Said appeal will, of course, be limited solely to this issue of ineffective assistance of counsel, since that is the sole issue raised by this direct appeal.
Judgment of sentence vacated and cause remanded for proceedings consistent with this opinion.
. 18 Pa.C.S. § 2702.
. 18 Pa.C.S. § 907.
. 18 Pa.C.S. § 2705.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.