COMMONWEALTH OF PENNSYLVANIA v. LENNARD FRANSEN

COMMONWEALTH OF PENNSYLVANIA v. LENNARD FRANSEN No. 2482 EDA 2008 2009 PA Super 235 Atlantic: n/a Filed: 12/7/2009
	Appeal from the Order entered July 20, 2004 In the Court of Common Pleas of Monroe County Criminal No.: CP-45-CR-0001492-2002
Before: PANELLA, FREEDBERG, and FITZGERALD, JJ.
Opinion by: FITZGERALD, J.
Appellant, Lennard Fransen, files this pro se appeal from the order entered in the Monroe County Court of Common Pleas, which granted relief on his petition filed pursuant to the Post Conviction Relief Act (“PCRA”). Appellant has also filed a pro se motion to withdraw unrequested counsel from any representation. After review, we hold that, pursuant to the Pennsylvania Supreme Court’s decision in Commonwealth v. Liston, ___ Pa. ___, 977 A.2d 1089 (2009) (“Liston II”), a PCRA petitioner who is granted reinstatement of his direct-appeal rights nunc pro tunc is not entitled to a subsequent order reinstating his right to file post-sentence motions nunc pro tunc if he has not requested such relief with the PCRA court, and if the court did not hold an evidentiary hearing on that issue. We accordingly deny Appellant’s motion without prejudice and affirm the PCRA court’s order with instructions.

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