Commonwealth v. Buhl

PRICE, Judge,

concurring:

I concur in the result reached by the majority. I do so, however, only in the interests of judicial economy. It is clear, in spite of the court below’s direction to see P. 4 of the Sentencing Transcript, that this appellant was not advised of his appeal rights, nor was he advised of his right to counsel. Neither brief is at all helpful, at least to me, in pinpointing the issues or articulating the law.

Normally I would, like Judge Van der Voort, be in favor of remanding for a Petition to Withdraw Guilty Plea and hearing. In effect, however, that has already been done, albeit, by way of the PCHA hearing. The fact remains that the court below’s colloquy at sentencing was fatally flawed. I can see nothing to be gained from a remand as suggested by the dissent.

I therefore join in vacating the judgment of sentence and ordering a new trial.