Commonwealth v. Hicks

SPAETH, President Judge:

This appeal is from an order summarily dismissing appellant’s petition under the Post Conviction Hearing Act *547(PCHA).1 We vacate the order and remand for proceedings consistent with this opinion.

On February 13 and 14, 1973, appellant was tried before a judge sitting without a jury, and was found guilty of aggravated robbery and assault and battery. Appellant’s post-verdict motions were denied, and he was sentenced to 3 to 15 years in prison for aggravated robbery; sentence for assault and battery was suspended.

Appellant appealed the judgment of sentence, alleging that…