Commonwealth v. Hoskins

SPAETH, President Judge,

dissenting:

I am unable to agree with the majority’s determination that appellant’s “Motion to Withdraw Plea of Guilty” was a motion to modify sentence. I should hold that the motion was a motion to withdraw the guilty plea. I should further hold that Commonwealth v. Villaloz, 303 Pa.Super. 518, 450 A.2d 47 (1982), was incorrectly decided, and that under Pa.R.A.P. 343 and Pa.R.A.P. 1701, appellant’s notice of appeal was timely filed with respect to both challenges to the guilty plea and challenges to the sentence.

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On June 5, 1981, three days after sentencing,…