Opinion
Submitted September 22, 1992.
Decided November 10, 1992.
Appeal No. 101 Western District Appeal Docket 1991 from the Orders of the Court of Common Pleas of Erie County, dated June 4, 1991 and June 10, 1991, at No. 2188 A 1991, denying the Petition for Writ of Habeas Corpus Ad Subjiciendum, and the Petition for Appointment of Counsel.
Alan Pursell, pro se.
William A. Cunningham, Dist. Atty., Kenneth A. Zak, Asst. Dist. Atty., Erie, for appellees.
Before NIX, C.J., and LARSEN, FLAHERTY, ZAPPALA, PAPADAKOS and CAPPY, JJ.
ORDER
The appeal in the above-captioned case is hereby dismissed without prejudice. The trial court is ordered to proceed with the appellant's presently pending, counseled Petition pursuant to the Post-Conviction Relief Act.
LARSEN, J., notes his dissent.