COM. v. BOOFER


248 Pa.Super. 431 (1977)

375 A.2d 173

COMMONWEALTH of Pennsylvania v. Howard W. BOOFER, Appellant.

Superior Court of Pennsylvania.

Decided June 29, 1977.


Attorney(s) appearing for the Case

William D. Kemper, Butler, for appellant.

Robert F. Hawk, Butler, with him David L. Cook, Assistant District Attorney, Butler, for appellee.

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


SPAETH, Judge:

This appeal is from an order denying appellant's request to withdraw his guilty plea.

Rule 320 of the Pennsylvania Rules of Criminal Procedure provides that "[a]t any time before sentence, the court may, in its discretion, permit or direct a plea of guilty to be withdrawn and a plea of not guilty substituted." The discretion thus given the court is not, however, unfettered. Since a plea of guilty involves the waiver of constitutional rights...

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