Commonwealth v. Shaffer

I would reverse the decision of the Post Conviction Hearing Court, and grant appellant an appeal as if timely filed, because appellant never knowingly and intelligently waived his right to appeal and cannot be held responsible for the judgment of non pros ending his appeal.

*261The majority holds that appellant waived his right to appeal because he waived his right to counsel. A waiver of the right to counsel does not establish a waiver of the right to appeal. Moreover, the record demonstrates that appellant never waived either his right to counsel or his right to appeal. In holding that…