COMMONWEALTH of Pennsylvania v. John KELLY, Appellant

OPINION

PER CURIAM:

Judgment of sentence affirmed.

CERCONE, J., concurs in the result.

SPAETH, J., files a dissenting statement.

HOFFMAN, J., did not participate in the consideration or decision of this case.

SPAETH, Judge,

dissenting:

I should remand for a hearing to determine whether trial counsel was ineffective for failing to file a motion to suppress and whether appellant’s waiver of a jury trial was voluntary. See Commonwealth v. Twiggs, 460 Pa. 105, 331 A.2d 440 (1975).