Commonwealth v. Woolcutt

Dissenting Opinion by

Spaulding, J.

I respectfully dissent.

On March 14, 1968, appellant, Robert Woolcutt, pleaded guilty to charges of violating the Firearms Act and to aggravated assault and battery. After a Post Conviction hearing he was permitted to file an appeal nunc pro tunc, but his request for a new trial was denied. Appellant claims that since he was not informed of Ms rights to appeal Ms sentence, he is entitled to a new trial.

It has been stipulated by defense counsel and the District Attorney of Erie County that appellant was not informed of his appeal rights as required by Douglas…