Commonwealth v. Clark

CERCONE, President Judge:

Appellant entered an open plea of guilty to the charges of robbery 1 and conspiracy to commit robbery 2 and was sentenced to five to fifteen years. A petition to reconsider the sentence was filed and denied. Appellant did not file a motion challenging the validity of the guilty plea pursuant to Rule 321 of the Pennsylvania Rules of Criminal Procedure nor was a direct appeal taken in the case. Subsequently, however, appellant filed a petition under the Post Conviction Hearing Act (hereinafter PCHA) challenging his convictions. Within this petition, appellant faulted…