Commonwealth v. Owens

Dissenting Opinion by

Hoffman, J.:

Appellant contends that the lower court erred in dismissing his second PCHA petition, on remand for leave to amend from the Supreme Court, without an evidentiary hearing.

On May 12, 1966, appellant was convicted by a jury of armed robbery, assault and battery, larceny, and receiving stolen goods. Appellant filed his first PCHA petition on December 7, 1966. This petition was dismissed after an evidentiary hearing at which appellant was represented by counsel. Appellant filed a second PCHA petition on November 12, 1971, which was dismissed without a hearing or…