Commonwealth v. Harrsch

SPAETH, Judge,

concurring:

I agree with the disposition of this case. I do not agree with the dictum that in cases in which appeal is taken after the filing date of Commonwealth v. Roberts, failure to file with the lower court a petition to withdraw a guilty plea will constitute a waiver of claims that could have been raised in the petition. See my dissent in Commonwealth v. McCusker, 245 Pa.Super. 402, 369 A.2d 465 (1976).