COMMONWEALTH v. MILLER


217 Pa.Super. 335 (1970)

Commonwealth v. Miller, Appellant.

Superior Court of Pennsylvania.

December 30, 1970.


Attorney(s) appearing for the Case

Simon B. John, Assistant Public Defender, for appellant.

Daniel G. Reilly, Assistant District Attorney, and Joseph E. Kovach, District Attorney, for Commonwealth, appellee.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.


OPINION PER CURIAM, December 30, 1970:

Appellant filed a PCHA petition in the court below attacking the validity of his guilty pleas. The PCHA court granted petitioner the right to appeal, but did not pass upon the validity of the guilty pleas. In such cases, the PCHA court should permit an amended petition, setting forth all claims petitioner wishes to raise with respect to his conviction and sentence, and proceed to hear them if nonfrivolous and not clearly refuted...

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