Commonwealth v. Rusinko

CAVANAUGH, Judge:

Appellant Michael J. Rusinko has taken this appeal from the trial court’s denial, without a hearing, of his Post Conviction Hearing Act (PCHA) petition. We find that the trial court erred in summarily dismissing appellant’s petition and we therefore reverse and remand for an evidentiary hearing.

Appellant pled guilty on September 17, 1979, to one count of indecent assault, one count of escape, and four counts of burglary. Pursuant to a plea negotiation, the Commonwealth nol prossed two other charges. No petition to withdraw the guilty plea was filed. On November 1, 1979,…