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COMMONWEALTH v. RILEY

242 Pa.Super. 566 (1976)

364 A.2d 418

COMMONWEALTH of Pennsylvania v. Joseph A. RILEY, Appellant.

Superior Court of Pennsylvania.

September 27, 1976.

Attorney(s) appearing for the Case

John J. Thomas, Asst. Public Defender, for appellant.

Patrick J. Toole, Jr., Dist. Atty., Wilkes-Barre, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

JACOBS, Judge:

On May 29, 1974, appellant pled guilty to charges of kidnapping and rape; charges of felonious assault, simple assault, involuntary deviate sexual intercourse, and indecent assault were nolle prossed. He was sentenced on June 19, 1974 to a term of imprisonment of seven and one-half to fifteen years. There was no direct appeal from the judgment of sentence. On May 8, 1975, appellant filed a petition under the Post Conviction Hearing Act

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