Commonwealth v. White

HOFFMAN, Judge:

This is an appeal from the judgment of sentence for simple assault and harassment. Appellant contends that (1) the trial court erred in denying his motion for a continuance; and (2) his trial counsel was ineffective for (a) failing to conduct a defense, (b) advising him not to consent to a waiver under Pa.R.Crim.P. 1100, and (c) failing to subpoena necessary defense witnesses. We agree that the lower court erred in denying appellant’s motion and, accordingly, reverse the judgment of sentence and remand for a new trial.

Appellant, a prisoner in the Berks County Prison, punched a…