Commonwealth v. Cooley

SPAETH, Judge:

This is an appeal from an order denying post-conviction relief. We reverse and remand so that appellant may file an appeal nunc pro tunc.

Appellant was convicted of burglary by a judge sitting without a jury. After post-verdict motions were made and denied he was sentenced to 3 to 15 years in prison. He was represented in these proceedings by a public defender.

The day after.the imposition of sentence appellant wrote from Graterford Prison requesting counsel to file an appeal. He received a reply from the chief of the appeals division of the public defender’s office stating: that…