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COM. v. HERTZOG

492 Pa. 632 (1981)

425 A.2d 329

COMMONWEALTH of Pennsylvania v. Willard HERTZOG, Appellant.

Supreme Court of Pennsylvania.

Decided January 27, 1981.

Attorney(s) appearing for the Case

Dwight L. Danser, Easton, Northampton, for appellant.

Richard J. Shiroff, James M. Connell, Asst. Dist. Attys., Northampton, for appellee.

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...

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