McCusker v. Commonwealth

Supreme Court of Pennsylvania
McCusker v. Commonwealth, 402 A.2d 500 (Pa. 1977)
485 Pa. 313; 1977 Pa. LEXIS 959
Per Curiam

McCusker v. Commonwealth

Opinion

ORDER

PER CURIAM.

The record in the instant case reveals that appellant, Daniel J. McCusker, was not informed of his right to file post-verdict motions following the acceptance of his plea of nolo-contendere.

Therefore, judgment of the sentence is vacated and the case is remanded for the filing of post-verdict motions nunc pro tunc. See Pa.R.Crim.P. 1123(a), (b) and (c); Commonwealth v. Tate, 464 Pa. 25, 346 A.2d 1 (1975). Following disposition of said motions by the trial court, either side shall be entitled to file a new appeal.

Reference

Full Case Name
Daniel J. McCUSKER, Petitioner, v. COMMONWEALTH of Pennsylvania
Cited By
10 cases
Status
Published