COMMONWEALTH v. HICKOX, 433 Pa. 144 (1969)

249 A.2d 777

Commonwealth v. Hickox, Appellant.

Supreme Court of Pennsylvania.
January 31, 1969.

Criminal Law — Counsel for defendant — Appointment of counsel on appeal to Superior Court — Refusal of counsel to proceed further after unsuccessful appeal — Pa. R. Crim. P. 318(c).

Where it appeared that counsel was appointed to represent petitioner in his appeal to the Superior Court, an appeal was filed which resulted in an affirmance of the judgment of sentence, and thereafter counsel for petitioner informed petitioner that he would proceed no further with the matter, petitioner’s counsel was directed to proceed in accordance with Pa. R. Crim. P. 318(c).

Before BELL, C. J., JONES, COHEN, EAGEN, O’BRIEN, ROBERTS and POMEROY, JJ.

Petition for leave to appeal, Miscellaneous Docket, No. 3083 A, from order of Superior Court, April T., 1968, No. 123, affirming judgment of sentence of Court of Quarter Sessions of Indiana County, June T., 1966, No. 48, in case of Commonwealth v. Richard Lorraine Hickox. Petitioner’s counsel directed to proceed in accordance with Pa. R. Crim. P. 318(c).

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Same case in Superior Court: 213 Pa. Super. 778.

Indictment charging defendant with aiding and abetting in the commission of robbery. Before CLARK, P. J.

Verdict of guilty as accessory before the fact and judgment of sentence thereon. Defendant appealed to the Superior Court, which affirmed the judgment of the court below. Defendant petitioned for leave to appeal.

Richard Lorraine Hickox, appellant, in propria persona.

W. Thomas Malcolm, District Attorney, for Commonwealth, appellee.

OPINION PER CURIAM, January 31, 1969:

At trial, petitioner was represented by appointed counsel. Subsequent to trial, new counsel was appointed to represent petitioner in his appeal to the Superior Court. Such an appeal was filed and resulted in an affirmance of the judgment of sentence. Thereafter, counsel for the petitioner informed petitioner that he would proceed no further with the matter.

Rule 318(c) of the Pennsylvania Rules of Criminal Procedure requires that: “Where counsel has been assigned, such assignment shall be effective until final judgment, including any proceedings upon direct appeal.”

Petitioner’s counsel, appointed in connection with his appeal to the Superior Court, is directed to proceed in accordance with the Rule.

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