Commonwealth v. Cavanaugh

NIX, Justice,

concurring.

The basis for my objection to the result reached by the majority of the Court in Commonwealth v. Dowling, 482 Pa. 608, 611, 394 A.2d 488, 490 (1978) (Nix, J. dissenting joined by Eagen, C.J.) is not here present since the imposition of sentence was after our promulgation of Pa.Rule of Criminal Procedure 321(a).* The failure of appellant to follow the clearly defined procedure set forth in the rule justifies the finding of waiver in this case. For this reason I join the opinion.

Rule 321(a) was adopted June 29, 1977, effective September 1, 1977; amended May 22, 1978, effective as to cases in which sentence was imposed on or after July 1, 1978.