Commonwealth v. Hertzog

OPINION OF THE COURT

ROBERTS, Justice.

Willard Hertzog appeals from an order of the Court of Common Pleas of Northampton County dismissing his amended petition for relief under the Post Conviction Hearing Act (PCHA) and his petition to withdraw his guilty plea “nunc pro tunc.” We conclude that the court denied relief based on an erroneous belief that the sentence imposed on the plea to charges of aggravated assault is lawful. That portion of the order sustaining the sentence on aggravated assault is vacated and the record is remanded with instructions.

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In August of 1974, criminal complaints…