Commonwealth v. Bennett

Kirk Otto Bennett appeals the order of the court of common pleas, Dauphin County, which dismissed without a hearing his Post Conviction Hearing Act Petition. We vacate the order.

Bennett was arrested following a chase and exchange of gunfire with a police officer. He entered into a plea bargain with the Commonwealth whereby Bennett agreed to plead nolo contendere to charges of loitering, prowling and aggravated assault, in return for which the Commonwealth agreed not to press a charge of robbery and agreed to impose sentence for the charges to run concurrently with sentences Bennett was…