COMMONWEALTH v. MIDDLETON

No. 157979.

36 Pa. D. & C. 3d 421 (1981)

Commonwealth v. Middleton

Common Pleas Court of Chester County, Pennsylvania.

April 23, 1981.


Attorney(s) appearing for the Case

Frank J. Williams, assistant district attorney, for the Commonwealth.

Charles N.J. Nestor, Joseph S. Nescio, for defendant.


STIVELY, J., April 23, 1981.

In considering this petition to withdraw a guilty plea after a homicide degree-of-guilt hearing but prior to sentence, the court finds that the following principles apply:

"Although there is no absolute right to withdraw a guilty plea, properly received by the trial court, it is clear that a request made before sentencing . . . should be liberally allowed."

Thus, in determining whether to grant a pre-sentence...

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