Miller v. Commonwealth

On February 10, 1975, Mark Andrew Miller (Miller or defendant) was convicted of first degree murder and armed robbery at a consolidated trial before a jury whose verdicts fixed his punishment at confinement in the penitentiary for terms of 38 years and 11 years, respectively. From the trial court’s order imposing sentence on those verdicts, the defendant filed a petition for a writ of error which we denied on October 31,1975, because the appeal had not been perfected in the manner required by law.

On May 6, 1976, the Commonwealth filed with this court a motion alleging that Miller had been…