COM. v. BYERS


349 Pa.Super. 162 (1986)

502 A.2d 1324

COMMONWEALTH of Pennsylvania v. Donald BYERS, Jr., Appellant.

Supreme Court of Pennsylvania.

Filed January 3, 1986.


Attorney(s) appearing for the Case

Richard S. Levine, Assistant Public Defender, Pittsburgh, for appellant.

Melinda Tell, Assistant District Attorney, Pittsburgh, for Commonwealth, appellee.

Before SPAETH, President Judge, and CAVANAUGH, BROSKY, ROWLEY, McEWEN, TAMILIA and JOHNSON, JJ.


BROSKY, Judge:

This appeal is from the judgment of sentence imposed after a jury found appellant guilty of unlawful restraint and criminal conspiracy. Appellant argues that trial counsel, who is from the same public defender's office as appellate counsel, was ineffective in failing to brief post-verdict motions. We find that counsel's ineffectiveness is not apparent on the record and, therefore, we vacate the judgment of sentence and remand for appointment of new...

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