Commonwealth v. Johnson

This is an appeal from an order dismissing a pro se petition filed under the Post Conviction Hearing Act, Act of January 25, 1966, P.L. (1965) 1580, 19 P.S. § 1180-1 et seq. The trial court concluded that appellant’s claim was frivolous and was without a trace of support in the record, and the court dismissed the petition without the requested ap*160pointment of counsel. Because the trial court erred when it dismissed appellant’s petition without appointing counsel, we must remand the matter to the trial court.

Under the provisions of Rule 1503(a) of the Pennsylvania Rules of Criminal Procedure,…