Commonwealth v. Johnson

I dissent and would affirm. The issue of the voluntariness of appellant’s failure to petition the lower court to withdraw his guilty plea is not raised as an issue in this appeal. Accordingly I believe the majority errs in engaging in review sua sponte. Commonwealth v. Richter, 257 Pa.Super. 260, 390 A.2d 812 (1978); Commonwealth v. Hughes, 257 Pa.Super. 258, 390 A.2d 811 (1978). This court is again divided on this issue.

VAN der VOORT, J., joins in this dissenting statement.