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COM. v. BESLEY

296 Pa.Super. 313 (1982)

442 A.2d 785

COMMONWEALTH of Pennsylvania v. Barry Edward BESLEY, Appellant.

Superior Court of Pennsylvania.

Filed March 5, 1982.

Attorney(s) appearing for the Case

William F. Scarpitti, Jr., Erie, for appellant.

Thomas P. Agresti, Assistant District Attorney, Erie, for Commonwealth, appellee.

Before WIEAND, JOHNSON and MONTEMURO, JJ.

PER CURIAM:

Appellant was convicted of aggravated assault1 and sentenced to one and one half to four years imprisonment. No direct appeal was filed. On August 18, 1980, Appellant filed a Post-Conviction Hearing Act Petition alleging ineffective assistance of trial counsel. On October 28, 1980, the lower court permitted Appellant's appeal nunc pro tunc to this court.

Where the record on appeal clearly shows that there could have...

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