Commonwealth v. Gibbs

WIEAND, Judge:

Clyde Gibbs was tried by jury and was found guilty of rape, robbery and a violation of the Uniform Firearms Act. Post-trial motions were denied, and Gibbs was sentenced to serve a term of imprisonment for not less than eleven (11) years nor more than twenty-two (22) years. No timely appeal was filed. Defense counsel, however, filed a P.C. H.A. petition; and thereafter new counsel was appointed to represent Gibbs. A supplemental P.C.H.A. petition was then filed, and an evidentiary hearing was held. The P.C. H.A. court vacated part of Gibbs’ sentence and allowed him to file a…