COM. v. KILGORE


719 A.2d 754 (1998)

COMMONWEALTH of Pennsylvania, Appellee, v. Randy Lee KILGORE, Appellant.

Superior Court of Pennsylvania.

Filed September 11, 1998.


Attorney(s) appearing for the Case

William Costopoulos, Lemoyne, for appellant.

William H. Graff, Jr., Asst. Dist. Atty., York, for Com., appellee.

Before DEL SOLE, JOHNSON and HESTER, JJ.


JOHNSON, Judge:

Randy Lee Kilgore appeals the trial court's order entered in response to his petition for relief under the Post Conviction Relief Act (PCRA), 42 Pa.C.S. § 9541-46. Kilgore alleged ineffective assistance of trial counsel. Although the trial court found Kilgore's counsel ineffective, it omitted to order a new trial pending the outcome of this appeal. We find that counsel failed to assert Kilgore's rights under Article 1, Section 8 of the Constitution...

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