Commonwealth v. Hertzog

This is an appeal from the summary dismissal of a pro se Post Conviction Hearing Act petition.1 Appellant, Hertzog, requested the appointment of counsel for assistance in his hearing, alleging that he was financially unable to employ counsel himself. The trial court did not reach the issue of appellant’s financial need for counsel, but dismissed the petition as “patently frivolous.” Counsel was not appointed and no leave was given to amend the petition. We reverse the dismissal and remand for rehearing subsequent to the appointment of counsel and with leave to amend the petition.

Two…