COM. v. SCHULTZ


309 Pa.Super. 392 (1982)

455 A.2d 667

COMMONWEALTH of Pennsylvania v. Regis SCHULTZ, Appellant.

Superior Court of Pennsylvania.

Filed December 17, 1982.

Reargument Denied February 25, 1983.

Petition for Allowance of Appeal Granted June 8, 1983.


Attorney(s) appearing for the Case

Andrew J. Achman, Pittsburgh, for appellant.

Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Commonwealth, appellee.

Before SPAETH, JOHNSON and HOFFMAN, JJ.


HOFFMAN, Judge:

Appellant contends that his guilty plea colloquy was defective in not apprising him of all the elements of robbery. We agree and, accordingly, reverse the judgment of sentence, permit appellant to withdraw his plea, and grant a new trial.

On July 22, 1978, appellant entered an Allegheny County grocery store and handed the cashier a note demanding money. During the ensuing struggle and flight, appellant's gun discharged several times, wounding...

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