Commonwealth v. Brown

CAVANAUGH, Judge:

Defendant seeks to vacate his sentence and to file post-verdict motions nunc pro tunc. He argues that he did not voluntarily and knowingly waive his right to file post-verdict motions. We agree.

On February 12, 1979, a jury found the defendant guilty of theft and not guilty of burglary. On this same day the trial judge conducted a post-verdict colloquy as required by Pa.R.Crim.P. 1123(c). In accordance with Pa.R.Crim.P. 1123(c) the trial judge informed the defendant of his right to file post-verdict motions and of the right to the assistance of counsel in filing such motions;…