Superior Court - COMMONWEALTH OF PENNSYLVANIA v. MARVIN JAMINE ROBINSON

COMMONWEALTH OF PENNSYLVANIA v. MARVIN JAMINE ROBINSON No. 657 MDA 2007 2009 PA Super 65 Atlantic: 970 A.2d 455 Filed: 4/9/2009
	Appeal from the Order of February 21, 2007, in the Court of Common Pleas of Dauphin County, Criminal Division, at No. CP-22-CR-0001420-2001.
Before: STEVENS, MUSMANNO, KLEIN, BENDER, BOWES, GANTMAN, SHOGAN, FREEDBERG, and CLELAND, JJ.
Opinion by: BOWES, J.
The issue presented in this case is whether we should remand for a hearing pursuant to Commonwealth v. Grazier, 713 A.2d 81 (Pa. 1998). We hold that in any case where a defendant seeks self-representation in a PCRA proceeding and where counsel has not properly withdrawn, a hearing must be held. In doing so, we overrule Commonwealth v. Murray, 836 A.2d 956 (Pa.Super. 2003), to the extent that it indicates that such a hearing is unnecessary. We hereby vacate the denial of PCRA relief and remand.

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