Commonwealth v. Nauman

SPAETH, President Judge,

concurring:

I agree that the record on its face shows ineffectiveness of counsel and that a new trial is therefore required. I concur separately because I remain unpersuaded by this court’s opinion in Commonwealth v. Litzenberger, 333 Pa. Super. 471, 482 A.2d 968 (1984), and Commonwealth v. Garvin, 335 Pa.Super. 560, 485 A.2d 36 (1984). See my concurrence in Garvin, id., 335 Pa.Superior Ct. at 566, 485 A.2d at 39.