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COMMONWEALTH v. FOSTER

240 Pa.Super. 376 (1976)

Commonwealth v. Foster, Appellant.

Superior Court of Pennsylvania.

April 22, 1976.

Attorney(s) appearing for the Case

Calvin S. Drayer, Jr., Assistant Public Defender, for appellant.

Eric J. Cox, Bert M. Goodman, and Stewart J. Greenleaf, Assistant District Attorneys, Ross Weiss, First Assistant District Attorney, and William T. Nicholas, District Attorney, for Commonwealth, appellee.

Before WATKINS, P. J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.

OPINION PER CURIAM, April 22, 1976:

We cannot determine from this record the appellant's claim of ineffective assistance of counsel, which depends in large part upon whether the pre-trial motions untimely filed by defense counsel were meritorious. We, therefore, vacate the judgment of sentence and remand for an evidentiary hearing to determine the matter. Commonwealth v. Twiggs, 460 Pa. 105...

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