Commonwealth v. Bane

CERCONE, President Judge,

concurring:

In our view, the Majority erroneously decides an issue which has not been properly preserved for appellate review. As the Majority apparently concedes, ante at 1057, the argument that Mr. Bane’s guilty plea was not knowing, intelligent, or voluntary, because of the absence of his mother was not presented to the withdrawal court until the hearing on the motion to withdraw. In Mr. Bane’s Rule 321(a) motion,1 he merely asserted, in boilerplate fashion, that his “plea was not made voluntarily, knowingly, or intelligently.” Certified Record at 5. Having failed…