Commonwealth v. Alberts

WATKINS, Judge:

This is an appeal from the order of the Court of Common Pleas of Lycoming County denying post-conviction relief on the claim of ineffectiveness of counsel. The appellant was convicted in a jury trial of one count of simple assault; post-conviction motions were filed and denied and he was sentenced to not less than one month nor more than twenty-three months and placed on immediate probation. An appeal to this Court was filed on his behalf by counsel other than trial counsel and later withdrawn.

Counsel then filed a petition under the Post Conviction Hearing Act alleging that…