Commonwealth v. Valezquez

CERCONE, Judge:

The instant appeal nunc pro tuno comes to us pursuant to an order of the lower court “relisting” the appeal in this court. The basis of the court’s order, following a petition by appellant under the Post Conviction Hearing Act, 1 was that counsel for appellant on his first appeal to this court filed an inadequate brief. 2 Because the means employed by the lower court to facilitate this appeal was improper, we will quash the appeal without prejudice to appellant’s resumption of his attack by his petition pursuant to the PCHA.

In July of 1972, appellant was tried non-jury and…