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COMMONWEALTH v. HECK

258 Pa.Super. 602 (1978)

391 A.2d 683

Commonwealth v. Heck, Appellant.

Superior Court of Pennsylvania.

July 12, 1978.

Attorney(s) appearing for the Case

Patrick J. Flannery, Assistant Public Defender, for appellant.

Patrick J. Toole, Jr., District Attorney, for Commonwealth, appellee.

OPINION PER CURIAM:

The case is remanded to the lower court for filing of a petition to withdraw the guilty plea. Commonwealth v. Marzik, 255 Pa.Super. 500, 388 A.2d 340 (1978).

PRICE and VAN der VOORT, JJ., dissented for the reasons cited in Judge PRICE's dissenting opinion in Commonwealth v. Marzik, supra.

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