COMMONWEALTH v. ROSCIOLO


223 Pa.Super. 79 (1972)

Commonwealth v. Rosciolo, Appellant.

Superior Court of Pennsylvania.

November 16, 1972.


Attorney(s) appearing for the Case

John R. Merrick, Public Defender, for appellant.

Robert S. Gawthrop, III, Assistant District Attorney, and William H. Lamb, District Attorney, for Commonwealth, appellee.

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


OPINION BY PACKEL, J., November 16, 1972:

After the death of the trial judge, a court en banc heard and denied the appellant's post-trial motions without the benefit of any notes of testimony. Subsequently, when the appellant appeared in court for sentencing, he fired his attorney but sentence was imposed without regard to his lack of representation by counsel. The court erred in both instances and therefore the appellant is entitled to post-conviction relief...

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