214 Pa. Super. 752

May 14, 1969

Commonwealth v. Gibson, Appellant.

Submitted April 14, 1969.

Robert D. Douglass, for appellant; W. Thomas Malcolm, District Attorney, for Commonwealth, appellee.

Per Curiam:

Opinion The court below dismissed appellant’s post-conviction petition which alleged only denial of the right to appeal from a guilty plea. It did not independently determine the legality of the sentence and voluntariness of the plea as required by Commonwealth v. Walters, 431 Pa. 74, n. 1 at 76, 244 A. 2d 757 n. (1968). Appellant shall be allowed to amend his petition, if possible, to allege specific, non-frivolous facts not controverted by the record and pertaining to *753the sentence or plea which, if true, entitle Mm to relief. If such amendment is made, the necessary determination shall be made only after a full and fair evidentiary hearing on the facts alleged.

Accordingly, the order of the lower court is vacated and the record remanded for this determination.

Commonwealth v. Gibson
214 Pa. Super. 752

Case Details

Name
Commonwealth v. Gibson
Decision Date
May 14, 1969
Citations

214 Pa. Super. 752

Jurisdiction
Pennsylvania

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!