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COMMONWEALTH v. HEROLD

246 Pa.Super. 170 (1977)

369 A.2d 866

COMMONWEALTH of Pennsylvania, Appellee, v. Jeffrey Kent HEROLD, Appellant.

Superior Court of Pennsylvania.

Decided February 18, 1977.

Attorney(s) appearing for the Case

Philip D. Freedman, Harrisburg, and J. Richard Oare, Jr., York, for appellant.

Marion E. MacIntyre, Second Assistant District Attorney, Harrisburg, for appellee.

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

VAN der VOORT, Judge:

On November 27, 1974, appellant Jeffrey Kent Herold was arraigned on a charge of possession of a controlled substance, and elected to plead guilty. On January 3, 1975, testimony was taken to establish a factual basis for the charge. No petition to withdraw the guilty plea was filed,1 and appellant was sentenced on February 25, 1975, to a term of one to three years imprisonment. No direct appeal was taken; however...

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