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).
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.