Commonwealth v. Heck

This appeal arises from the denial of appellant’s petition under the Post Conviction Hearing Act1 (hereinafter “PCHA”).

Appellant pled guilty to statutory rape on September 13, 1976, and was sentenced four months later to a term of *68imprisonment of five (5) to ten (10) years. The direct appeal filed in this court resulted in our remand of the matter to the trial court on July 12, 1978, permitting the nunc pro tunc filing of a petition to withdraw the guilty plea. Commonwealth v. Heck, 258 Pa.Super. 602, 391 A.2d 683 (1978). However, no such petition was filed.

Instead, a pro se PCHA petition was…