Commonwealth v. Herold

VAN der VOORT, Judge:

On November 27, 1974, appellant Jeffrey Kent Herold was arraigned on a charge of possession of a controlled substance, and elected to plead guilty. On January 3, 1975, testimony was taken to establish a factual basis for the charge. No petition to withdraw the guilty plea was filed, 1 and appellant was sentenced on February 25, 1975, to a term of one to three years imprisonment. No direct appeal was taken; however, on April 24, 1975, appellant filed a petition under the Post Conviction Hearing Act 2 alleging that his counsel was ineffective in failing to file an appeal…