
    Commonwealth v. Green, Appellant.
    Submitted April 19, 1971.
    Before Bell, C. J., Jones, Eagen, O’Brien, Roberts, Pomeroy and Barbieri, JJ.
    
      Henry J. Lotto, for appellant.
    
      James T. Owens and Milton M. Stein, Assistant District Attorneys, James D. Orawford, Deputy District Attorney, Bichard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.
    October 12, 1971:
   Opinion

Per Curiam,

The order of the court below is vacated, and the record is remanded with directions to enter an order permitting Willie Green to file within thirty (30) days from the date of entry of this order post-trial motions as if the same were timely filed. If such are filed and decided adversely to Green, lie may then file a direct appeal from the judgment and conviction. Commonwealth v. Harris, 443 Pa. 279, 278 A. 2d 159 (1971); Commonwealth v. Robinson, 442 Pa. 512, 276 A. 2d 537 (1971); Commonwealth v. Maloy, 438 Pa. 261, 264 A. 2d 697 (1970).

Dissenting Opinion by

Mr. Chiee Justice Bell:

In 1960, appellant, while represented by counsel, pleaded guilty to murder and was found guilty of murder in the first degree and sentenced to life imprisonment. In 1969, he filed a P.C.H.A. petition, in which counsel averred, as usual, that defendant had never been advised of his right to appeal his conviction or of his right to counsel on appeal, if he were indigent. What is the use of having counsel or pleading guilty while represented by counsel, if ten years later the defendant can assert such patently false or inconsequential reasons for appeal?

I dissent.  