Tuesday, June 8, 2010

COMMONWEALTH OF PENNSYLVANIA v. JOSEPH ABRAHAM

COMMONWEALTH OF PENNSYLVANIA v. JOSEPH ABRAHAM
No. 1158 WDA 2009 2010 PA Super 104 Atlantic: n/a Filed: 6/8/2010

Appeal from the PCRA Order June 22, 2009,
In the Court of Common Pleas of Allegheny County,
Criminal Division at No(s): CR-0002990-08 CP-02-CR-0005423-2008
Before: BOWES, J., OTT, J. and McEWEN, P.J.E.
Opinion by: OTT, J.
Joseph Abraham appeals from the order denying his petition for relief filed pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S. § 9541 et seq. In his petition, Abraham claimed his trial counsel was ineffective for failing to inform him a guilty plea to indecent assault would result in the loss of his vested pension rights, see 43 P.S. § 1311 et seq, thereby rendering his guilty plea unknowing and involuntary. The PCRA Court dismissed his petition without a hearing pursuant to Pa.R.Crim.P. 907. After a thorough review of the official record, submissions by the parties, and relevant law, we reverse and remand for a hearing.
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