Commonwealth v. McKelvey

PRICE, Judge:

Appellant Keith McKelvey was indicted on charges of burglary, theft by unlawful taking, theft by receiving, and conspiracy. On July 11, 1975, appellant entered a guilty plea to burglary, and pursuant to a plea agreement, the remaining charges were nol prossed. Appellant did not appeal the sentence or petition the lower court to permit the withdrawal of the plea. On July 8, 1976, appellant filed a pro se P.C.H.A. petition in which he alleged that the pre-plea colloquy was defective because it did not demonstrate a knowing and voluntary waiver of his constitutional right to a jury…