COMMONWEALTH OF PENNSYLVANIA v. GARRICK MOORE

COMMONWEALTH OF PENNSYLVANIA v. GARRICK MOORE No. 1442 and 1448 WDA 2008 2009 PA Super 134 Atlantic: 978 A.2d 988 Filed: 7/15/2009
	Appeal from the Order entered August 4, 2008, in the Court of Common Pleas of Erie County, Criminal Division at Nos. 325, 326 and 327 of 2008
Before: BOWES, ALLEN, and KELLY, JJ.
Opinion by: ALLEN, J.
Concurring and Dissenting Opinion by: BOWES, J.
Garrick Moore (“Appellant”) appeals from the trial court order denying his petition for extension of time to file a post-sentence motion. We remand with instructions, and hold that, for reasons of judicial economy and fairness, a defendant who raises ineffective assistance of counsel claims after being found in contempt of a Protection from Abuse order (“PFA”) and sentenced to imprisonment pursuant to 23 Pa.C.S.A. § 6114, is entitled to an evidentiary hearing on the ineffectiveness of counsel claims, such that the record is adequate to assess the claims on direct appeal, consistent with Commonwealth v. Bomar, 826 A.2d 831 (Pa. 2003).

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