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COM. v. SIMMONS

312 Pa.Super. 501 (1983)

459 A.2d 14

COMMONWEALTH of Pennsylvania v. Rodney SIMMONS, Appellant.

Superior Court of Pennsylvania.

Decided March 4, 1983.

Reargument Denied May 16, 1983.

Petition for Allowance of Appeal Granted October 4, 1983.

Attorney(s) appearing for the Case

Kenneth L. Mirsky, Philadelphia, for appellant.

Robert B. Lawler, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before SPAETH, MONTGOMERY and LIPEZ, JJ.

LIPEZ, Judge:

Appellant Rodney Simmons was convicted of third degree murder, 18 Pa.C.S. § 2502, and possession of an instrument of crime, 18 Pa.C.S. § 907, on October 2, 1975, after a jury trial. Still represented by trial counsel, he took a direct appeal to the Supreme Court, which affirmed the judgment of sentence.1 He then filed a petition for relief under the Post Conviction Hearing Act (PCHA)2

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