concurring:
In my view the appellant herein has properly preserved, under Pa.R.Crim.P. 1123(b), his claim that he was convicted in violation of Pa.R.Crim.P. 1100. Upon reaching the merits of appellant’s claim, I find that Rule 1100 was not contravened in this case, and therefore I would affirm the judgment of sentence. I am in agreement with Judge Hoffman’s analysis of the Rule 1100 issue presented in this appeal, but because of our differing views on the operation and effect of Rule 1123, I find it necessary to make some separate observations.
*492Pa.R.Crim.P. 1123(b) states that “[i]f the defendant agrees on the record, the post-verdict motions may be made orally at the conclusion of the trial.” Judge Hoffman would place responsibility on thel trial judge to solicit the defendant’s consent to such a procedure and to ensure that this consent appears on the record. Otherwise, he would not hold the defendant to be limited, on appeal, to the orally raised post-trial claims. My position, which I have also indicated in my concurring opinion in Commonwealth v. Kinsey, 249 Pa.Super.-, 375 A.2d 727 (1977), is that the effect of oral post-trial motions entered under Pa.R.Crim.P. 1123(b) is determined by the trial court’s compliance or failure to comply with Pa.R.Crim.P. 1123(c). This section directs that:
“(c) Upon the finding of guilt, the trial judge shall advise the defendant on the record: (1) of his right to file post-verdict motions and of his right to the assistance of counsel in the filing of such motions and on appeal of any issues raised therein; (2) of the time within which he must do so as set forth in paragraph (a); and (3) that only the grounds contained in such motions may be raised on appeal.”
If the defendant has been properly advised of his post-trial rights under Rule 1123(c) and, by counsel, proceeds to make oral post-trial motions, I would find the arguments raised in said motions to be preserved for appeal and any claims not so raised to be waived.1 I do not view this analysis as working a presumption of waiver of appellate rights from a silent record. The information which the trial judge must convey to the defendant under Rule 1123(c) is not legally esoteric. Where the record reflects that the defendant was thus properly informed, the subsequent entry of oral post-trial motions may legitimately be regarded as “a deliberate, intelligent and voluntary act.” Commonwealth v. Coleman, 458 Pa. 324, 326, 327 A.2d 77, 79 (1974).
*493Clearly, however, in the absence of trial court compliance with Rule 1123(c), where the defendant seeks, on appeal, to raise an issue not properly preserved post-trial, no waiver theory may be applied. This is equally true where no post-trial motions of any kind have been entered and where inadequate oral motions have been made. In either of these situations, the proper remedy is to remand to the court below for compliance with Rule 1123(c) and the filing of proper post-trial motions. Commonwealth v. Miller, 232 Pa.Super. 171, 335 A.2d 528 (1975); Commonwealth v. Dimitris, 231 Pa.Super. 469, 331 A.2d 701 (1974).
In his opinion, Judge Hoffman states that “[p]rior to obtaining defendant’s agreement to the making of oral motions, the trial judge should advise defendant that his consent will constitute a waiver of his right to file written post-verdict motions on other issues and, consequently, to appeal on those issues.” (485). Initially, I must observe that Rule 1123 does not require, in this instance, repetition of information already conveyed to the defendant under 1123(c). Further, I do not agree that, absent a reservation of the right to file written motions, a defendant’s consent to oral post-trial motions necessarily constitutes a waiver of the right to file written motions within the seven day period allotted under 1123(a). The rule certainly does not, on its face, compel this result. Rule 1123(b) provides, inter alia, that “[i]f the defendant agrees on the record, the post-verdict motions may be made orally at the conclusion of the trial.” Admittedly this language seems to depict an alternative which once elected, is exclusive. Case law under the prior rule, however, was arguably to the contrary. In Commonwealth v. Blum, 210 Pa.Super. 529, 233 A.2d 613 (1967), this court held that a defendant who had made a knowing and intelligent, counselled waiver of her right to file post-trial motions and had been sentenced could, within the period provided under the rule, change her mind and file such motions. Although the facts in Blum, supra, would not control a case where a defendant made oral post-trial motions and sought, within the seven day period, to file addi*494tional or amended written motions, such a procedure would offer not more, but almost certainly less inconvenience to the court and interference with proper post-trial procedure.
The instantly effective Rule 1123 changed the law as found in Blum, supra, in that “[t]he defendant may also within the seven (7)-day period on the record voluntarily and understanding^ waive the filing of post-verdict motions.” If a defendant can waive post-verdict motions altogether, reason dictates that he may also, having chosen to make oral motions, waive the right to file additional written motions within seven days. A waiver of this right would not occur automatically upon the defendant’s election of oral post-trial motions, but would result where waiver of further motions was expressly indicated to the defendant as a consequence of his choice and considered as a factor therein,2 or in situations where the defendant opted for oral motions in order to secure immediate imposition of sentence. In the latter case the defendant, having deliberately sought sentencing, could not thereafter reasonably seek to have the trial court reconsider its decision on different grounds.
It is my view, based on the foregoing analysis, that a defendant does not need to reserve the right to file post-trial motions under Rule 1123(a) within seven days after the verdict. Rather, a defendant always has this right unless he specifically waives it. As a matter of sound practice, however, I agree with Judge Hoffman’s suggestion that defendant’s counsel should inform the court of his plans in regard to the filing of post-trial motions or, lacking this, that the court should make inquiry. Such a procedure would alleviate many potential appellate problems.
Judge Hoffman further observes that “[i]f ... defendant does not desire to file either oral or written post-*495verdict motions, the trial judge should determine whether defendant voluntarily and understanding^ waives his right to file these motions. As a prerequisite to accepting a waiver, the trial judge must reiterate the consequences of the waiver to defendant.” (485). The first of these statements comports with the language of Rule 1123(b) that a defendant may “knowingly and understanding^” waive post-verdict motions. The second pronouncement, however, is not supported by the rule. Rule 1123(b) specifies, inter alia, that:
“Prior to the acceptance of such waiver the trial judge shall, pursuant to paragraph (c) of this Rule, advise the defendant on the record that his waiving of post-verdict motions shall preclude his raising on appeal any issues which might have been raised in such motions.”
It is apparent that the trial court’s compliance with Rule 1123(c), prior to acceptance of the defendant’s waiver, would meet the above-stated requirement. I see no necessity that the Rule 1123(c) information be reiterated prior to acceptance of a waiver, and can discern nothing in the rule to compel this result. The trial court should, of course, make whatever inquiries are necessary to assure and establish on record the informed and voluntary nature of the defendant’s act. I merely wish to point out that the rule does not require a repeated warning, and that it would be totally unwarranted for an appellate court to overturn an otherwise valid waiver on this basis.
I concur in the affirmation of the judgment of sentence.
JACOBS, J., joins in this concurring opinion.. This statement presumes a situation where oral post-trial motions are the only post-trial motions, filed in compliance with Rule 1123, of record. See discussion in text, infra.
. Thus, assuming that trial courts were to adhere uniformly in oral post-trial motion cases to Judge Hoffman’s recommended colloquy, set forth in text, supra, waiver of written motions could arguably occur in all cases, as he maintains. I express no opinion, however, as to the desirability or legal efficacy of making a defendant’s ability to argue oral post-trial motions contingent upon his waiver of the right to file written post-trial motions.