Commonwealth v. Smith

OPINION OF THE COURT

ROBERTS, Justice.

Appellant seeks relief under the Post Conviction Hearing Act1 (PCHA) on the ground that he was denied *566effective assistance of counsel at trial.2 Appellant bases this claim on the fact that trial counsel failed to timely move for severance. We agree and reverse the judgment of sentence and order a new trial.

Appellant and co-defendant Westley Smith were charged with aggravated robbery and murder. They were jointly tried before a jury, found guilty of murder in the first degree and sentenced to life imprisonment.

After the case was called to trial and…