Commonwealth v. Garris

BROSKY, Judge:

Appellant pleaded guilty to a charge of attempted rape on January 8, 1979. The lower court sentenced him on February 21, 1979.

Mr. Garris now claims by new counsel that he received ineffective assistance of counsel at trial for the following reasons: (1) failing to object at sentencing to the possible consideration of the Sentencing Act at November 26, 1978, No. 319, 7 Pa.Leg.Serv. 78, 1054 (subsequently referred to as Act 319); (2) failing to instruct the court upon the proper application of Act 319. Additionally, appellant contends the lower court erred when it refused to…