Commonwealth v. McCusker

It is undeniable that appellant has failed to comply with our rule, announced one year ago in Commonwealth v. Roberts, 237 Pa.Super. 336, 352 A.2d 140 (1975), that any challenge to the validity of a guilty plea must begin with a petition to withdraw the plea in the court below.1 I do not agree, however, with the majority’s conclusion that in consequence appellant has waived his right to pursue his claim of an inadequate colloquy.

The rule we announced in Roberts was based on the Supreme Court’s statement that “in cases where the only challenge to the proceedings in the trial court is directed…