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COM. v. WOMACK

307 Pa.Super. 396 (1982)

453 A.2d 642

COMMONWEALTH of Pennsylvania v. Robert WOMACK, Appellant.

Superior Court of Pennsylvania.

Filed November 30, 1982.

Petition for Allowance of Appeal Denied March 22, 1983.

Attorney(s) appearing for the Case

Harry L. Clark, Philadelphia, for appellant.

Ronald Eisenberg, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before HESTER, CIRILLO and JOHNSON, JJ.

CIRILLO, Judge:

On July 18, 1980, appellant, Robert Womack, was found guilty of Rape1 and Criminal Conspiracy.2 Following the jury's verdict, appellant's trial counsel failed to file post-verdict motions pursuant to Pa.R.Crim.P. 1123.3 Instead, counsel attempted to file post-trial motions nunc pro tunc on January 26, 1981, the date of sentencing. The trial judge

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