COM. v. BENNETT


316 Pa.Super. 20 (1983)

462 A.2d 772

COMMONWEALTH of Pennsylvania v. Kirk Otto BENNETT, Appellant.

Supreme Court of Pennsylvania.

Filed June 24, 1983.


Attorney(s) appearing for the Case

James Lee Goldsmith, Harrisburg, for appellant.

William A. Behe, Deputy District Attorney, Harrisburg, for Commonwealth, appellee.

Before CERCONE, President Judge, and CIRILLO and HOFFMAN, JJ.


HOFFMAN, Judge:

Appellant contends that the lower court erred in denying his Post Conviction Hearing Act (PCHA) petition without an evidentiary hearing. Because we cannot say that appellant's contentions totally lack merit, we reverse and remand for a hearing.

On May 19, 1980, appellant pled guilty to robbery, burglary, theft, criminal conspiracy and two counts of false imprisonment. He was sentenced to consecutive terms of imprisonment on all charges, totalling...

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