| COMMONWEALTH OF PENNSYLVANIA v. TIMOTHY HOPFER No. 3427 EDA 2007 2009 PA Super 16 Atlantic: 965 A.2d 270 Filed: 1/28/2009 | |
| Appeal from the PCRA Order entered November 8, 2007 In the Court of Common Pleas of Chester County Criminal No. CP-15-CR-0001417-2006 | |
| Before: ORIE MELVIN, KLEIN, and FITZGERALD, JJ. | |
| Opinion by: FITZGERALD, J. | |
| Appellant, Timothy Hopfer, files this pro se appeal from the order of the Chester County Court of Common Pleas, dismissing as untimely his first petition filed pursuant to the Post Conviction Relief Act (PCRA). The PCRA court found all of his claims waived because his Pa.R.A.P. 1925(b) statement was untimely filed. Appellant has also filed a motion to amend and supplement statement of matters complained of on appeal. We hold that when an appellant timely files for an enlargement or extension of time within which to file his Rule 1925(b) statement, the trial court must explain why it finds that good cause was not shown before it may deny the request. We further hold that this Court’s decision in Commonwealth v. Bond, 630 A.2d 1281 (Pa. Super. 1993), does not apply when the PCRA court grants counsel’s request to withdraw representation and dismisses the PCRA petition less than twenty days before the petitioner receives counsel’s official request for withdrawal. Accordingly, we vacate the PCRA court’s order and deny as moot Appellant’s motion to amend and supplement statement. | |
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