Commonwealth v. Ashby

HOFFMAN, Judge:

This is an appeal from the lower court’s denial of appellant’s Post Conviction Hearing Act (PCHA) petition. Because we are unable to determine the merits of appellant’s contentions on the record before us, we must vacate the order of the lower court and remand for an evidentiary hearing.

On June 9, 1975, appellant entered counselled guilty pleas to four counts each of burglary and theft by unlawful taking. No direct appeal was taken. On May 13, 1976, appellant filed a pro se PCHA petition challenging the voluntariness of his pleas and the effectiveness of his counsel.1 The lower…