COM. v. KEYS


397 Pa.Super. 453 (1990)

580 A.2d 386

COMMONWEALTH of Pennsylvania v. Michael KEYS, Appellant.

Supreme Court of Pennsylvania.

Filed September 28, 1990.


Attorney(s) appearing for the Case

Norris E. Gelman, Philadelphia, for appellant.

Donna G. Zucker, Asst. Dist. Atty., Philadelphia, for Com., appellee.

Before KELLY, POPOVICH and CERCONE, JJ.


KELLY, Judge:

In this case, we hold that when counsel of record fails to formally and properly withdraw as counsel after sentence but before the expiration of the time for filing of notice of appeal, yet counsel nonetheless ceases active representation, then quashal of an appeal as the result of a defect in a pro se notice of appeal will be deemed the procedural default of counsel of record. Such was the...

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