COMMONWEALTH OF PENNSYLVANIA v. ADMIRAL PERRY
No. 2363 EDA 2007 2008 PA Super 212 Atlantic: n/a Filed: 9/15/2008
Appeal from the PCRA order entered July 19, 2007In the Court of Common Pleas of Delaware CountyCriminal No. CP-23-CR-0001239-2001
Before: MUSMANNO, BENDER, and FITZGERALD, JJ.
Opinion by: FITZGERALD, J.
Appellant, Admiral Perry, files this pro se appeal from the order entered in the Delaware Country Court of Common Pleas, denying his first petition filed under the Post Conviction Relief Act (PCRA). We find that the PCRA court erred in finding Appellant’s claims previously litigated, and that trial counsel had a reasonable basis for his failure to call the police sketch artist as a witness. Nonetheless, having found that no prejudice occurred, we affirm.
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