OPINION CONCURRING IN THE JUDGMENT
ROBERTS, Judge.The trial court was correct in its substantive determination that appellee’s guilty plea colloquy violated the requirements of Commonwealth v. Minor, 467 Pa. 230, 356 A.2d 346 (1976). However, the trial court must be reversed because the court committed procedural error in failing to dismiss appellee’s challenge to his guilty plea colloquy as untimely.
Commonwealth v. Minor Remains Controlling Law
The opinion of Mr. Justice Larsen, which commands the votes of only three of six justices, does not reflect the view of a majority of the Court. Where, as here, the Court is equally divided on whether a previous holding should be overruled, that holding retains its full force and effect as existing law. Thus, the holdings of Commonwealth v. Minor and cases applying Minor are undisturbed and remain controlling law. See Neil v. Biggers, 409 U.S. 188, 192, 93 S.Ct. *583375, 378-79, 34 L.Ed.2d 401 (1972) (equally divided court not entitled to precedential weight); Ohio ex rel. Eaton v. Price, 364 U.S. 263, 264, 80 S.Ct. 1463, 1464, 4 L.Ed.2d 1708 (1960) (same); Commonwealth v. Holly, 483 Pa. 371, 375, 396 A.2d 1215, 1217 (1979) (judgment of equally divided Court not final for purposes of Post-Conviction Hearing Act); Commonwealth v. Rightnour, 469 Pa. 107, 110, 364 A.2d 927, 928 (1976) (subject matter in dispute undisturbed where “no majority can be mustered to do otherwise”).
Appellee’s Challenge To His Guilty Plea Is Untimely
On this record, which clearly evidences that appellee’s challenge to his guilty plea is untimely, there is no reason for the opinion of Mr. Justice Larsen to discuss, let alone attempt to overrule, this Court’s holding in Commonwealth v. Minor, supra, and the several other cases which have applied Rule 319(a) to guilty pleas pre-dating Commonwealth v. Ingram, 455 Pa. 198, 316 A.2d 77 (1974). See Commonwealth v. Mack, 466 Pa. 12, 351 A.2d 278 (1976); Commonwealth v. Dilbeck, 466 Pa. 543, 353 A.2d 824 (1976); Commonwealth v. Schork, 467 Pa. 248, 356 A.2d 355 (1976); Commonwealth v. Hunter, 468 Pa. 7, 350 A.2d 785 (1976); Commonwealth v. Ramos, 468 Pa. 404, 364 A.2d 257 (1976); Commonwealth v. Veltre, 475 Pa. 285, 380 A.2d 356 (1977); Commonwealth v. Zakrzewski, 485 Pa. 532, 403 A.2d 516 (1979).
The present petition to withdraw a guilty plea entered in 1971 in no respect alleges either that appellee was unaware of his appellate rights or that counsel was ineffective for failing to pursue appellee’s desire to challenge the plea. Thus, the petition, filed six years after plea and sentence, is untimely and should have been dismissed by the trial court. See Commonwealth v. Miller, - Pa. - (J. 306 of 1980, filed February 4, 1981).
O’BRIEN, C. J., and NIX, J., join in this opinion.