Legal Opinion · Dissent

Commonwealth v. Czapla

Superior Court of Pennsylvania

Decided May 22, 1981No. 2011Published

1DissentSpaeth, Judge

This case presents us once again with the issue of the extent of relief a PCHA court may grant once it is determined that a petitioner’s rights have been denied. In this case, the Commonwealth concedes, and the majority finds, two distinct denials: 1) appellant was not advised on October 5, 1977, when he was sentenced after the revocation of his probation, of his right to appeal; and 2) appellant was not advised on June 23, 1978, when he was sentenced after his guilty pleas, of his right to file a motion to withdraw the pleas.

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In my opinion, when a defendant alleges in a petition filed…

2Cases cited14 opinions

  1. Commonwealth v. WebsterSupreme Court of Pennsylvania · 1975
  2. Commonwealth v. GastonSupreme Court of Pennsylvania · 1977
  3. Commonwealth v. BrickerSupreme Court of Pennsylvania · 1974
  4. Commonwealth v. BrandonSupreme Court of Pennsylvania · 1979
  5. Commonwealth v. BeattySupreme Court of Pennsylvania · 1977

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