COM. v. RUSINKO


303 Pa.Super. 216 (1982)

449 A.2d 656

COMMONWEALTH of Pennsylvania v. Michael J. RUSINKO, Appellant.

Supreme Court of Pennsylvania.

Filed August 13, 1982.


Attorney(s) appearing for the Case

Joseph F. Iracki, Wilkes-Barre, for appellant.

Chester B. Muroski, District Attorney, Wilkes-Barre, for Commonwealth, appellee.

Before CAVANAUGH, WATKINS and VAN der VOORT, JJ.


CAVANAUGH, Judge:

Appellant Michael J. Rusinko has taken this appeal from the trial court's denial, without a hearing, of his Post Conviction Hearing Act (PCHA) petition. We find that the trial court erred in summarily dismissing appellant's petition and we therefore reverse and remand for an evidentiary hearing.

Appellant pled guilty on September 17, 1979, to one count of indecent assault, one count of escape, and four counts of burglary. Pursuant to a plea...

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