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COMMONWEALTH v. LOPEZ

472 Pa. 465 (1977)

372 A.2d 785

COMMONWEALTH of Pennsylvania v. Yuba LOPEZ, Appellant.

Supreme Court of Pennsylvania.

Decided April 28, 1977.

Attorney(s) appearing for the Case

Walter J. Collins, Jr., Philadelphia, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., Glenn S. Gitomer, Philadelphia, for appellee.

Before EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION OF THE COURT

POMEROY, Justice.

Appellant Yuba Lopez was convicted in a jury trial of murder in the second degree.1 After post-trial motions were filed and denied, he was sentenced to eight to twenty years imprisonment; no appeal was taken from that judgment of sentence. On April 11, 1974, Lopez filed a petition under the Post-Conviction Hearing Act2

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