Wednesday, April 21, 2010

COMMONWEALTH OF PENNSYLVANIA v. THOMAS RAY ANDERSON

COMMONWEALTH OF PENNSYLVANIA v. THOMAS RAY ANDERSON
No. 506 WDA 2009 2010 PA Super 64 Atlantic: n/a Filed: 4/21/2010

Appeal from the PCRA Order February 17, 2009
In the Court of Common Pleas of Clarion County
Criminal, No. CP-16-CR-0000278-2005
Before: MUSMANNO, GANTMAN, AND COLVILLE, JJ.
Opinion by: GANTMAN, J.
Appellant, Thomas Ray Anderson, appeals from the order entered after remand in the Clarion County Court of Common Pleas, which denied after remand his petition filed pursuant to the Post Conviction Relief Act (“PCRA”). We hold Appellant failed to establish the Commonwealth breached the plea agreement. We also hold Pa.R.Crim.P. 600(D)(1)-(2) does not apply in the context of a remand for a PCRA evidentiary hearing. Accordingly, we affirm.
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