Superior Court of Pennsylvania, 1982

Commonwealth v. Farrell

Commonwealth v. Farrell
Superior Court of Pennsylvania · Decided January 22, 1982 · Beck, Wickersham, Wieand
294 Pa. Super. 376; 439 A.2d 1249; 1982 Pa. Super. LEXIS 4395

Commonwealth v. Farrell

Opinion of the Court

PER CURIAM:

The judgment of sentence in the above-captioned criminal action is vacated, and the action is remanded for an eviden-tiary hearing pertaining to the averment in appellant’s *377motion for new trial that trial counsel was ineffective. If the lower court concludes that trial counsel was effective, it may dismiss the motion for new trial and re-instate the judgment of sentence, after which appellant may file a new appeal in this Court. If the trial court finds that trial counsel was ineffective, however, it shall enter an order awarding a new trial.

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