COM. v. BROWN


277 Pa.Super. 316 (1980)

419 A.2d 790

COMMONWEALTH of Pennsylvania v. Terry Lee BROWN, Appellant.

Superior Court of Pennsylvania.

Filed May 16, 1980.


Attorney(s) appearing for the Case

Thomas G. Klingensmith, Assistant Public Defender, Lancaster, for appellant.

Ronald L. Buckwalter, District Attorney, Lancaster, for Commonwealth, appellee.

Before SPAETH, HESTER and CAVANAUGH, JJ.


CAVANAUGH, Judge:

Defendant seeks to vacate his sentence and to file post-verdict motions nunc pro tunc. He argues that he did not voluntarily and knowingly waive his right to file post-verdict motions. We agree.

On February 12, 1979, a jury found the defendant guilty of theft and not guilty of burglary. On this same day the trial judge conducted a post-verdict colloquy as required by Pa.R.Crim.P. 1123(c). In accordance with Pa.R.Crim.P. 1123(c) the trial...

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