Commonwealth v. Prowell

*437HOFFMAN, Judge:

Appellant contends that the lower court erred in denying his Post Conviction Hearing Act1 petition without a hearing. We agree and, therefore, vacate the order of the lower court and remand for a hearing.

On January 21, 1976, appellant was arrested and charged with criminal trespass2 and burglary.3 On May 25, 1976, appellant waived a jury trial, and the lower court found him guilty of criminal trespass. At the conclusion of the trial, and after a discussion with his counsel, appellant waived his right to appeal and chose to be sentenced immediately. Thus, appellant neither filed…