Monday, September 22, 2008

Superior Court 9/22/08 - COMMONWEALTH OF PENNSYLVANIA v. PEDRO GREEN

COMMONWEALTH OF PENNSYLVANIA v. PEDRO GREEN
No. 2059 EDA 2007 2008 PA Super 220 Atlantic: n/a Filed: 9/22/2008
Appeal from the PCRA Order July 26, 2007 In the Court of Common Pleas of Philadelphia County Criminal Division at Nos.: CP-51-CR-1102701-2000 CP-51-CR-1104561-2000
Before: MUSMANNO, BENDER and COLVILLE*, JJ.
Opinion by: BENDER, J.
Concurring and Dissenting Opinion by: COLVILLE, J.
Pedro Green (Appellant) appeals from the order dismissing his petition filed under the Post Conviction Relief Act (PCRA), 42 Pa.C.S. §§ 9541-9546. Appellant claims that trial counsel rendered ineffective assistance by failing to file a post-sentence motion challenging the excessiveness of Appellant’s sentence. For the reasons that follow, we reverse.

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