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COM. v. ROBINSON

452 Pa.Super. 606 (1996)

682 A.2d 831

COMMONWEALTH of Pennsylvania, Appellee, v. Earl L. ROBINSON, Appellant.

Superior Court of Pennsylvania.

Filed August 26, 1996.

Attorney(s) appearing for the Case

James D. Moran, Philadelphia, for appellant.

Peter J. Gardner, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before CAVANAUGH, HUDOCK and SAYLOR, JJ.

HUDOCK, Judge:

This is an appeal from the order of the court below denying Appellant's petition for relief pursuant to the Post Conviction Relief Act, 42 Pa.C.S.A. section 9541 et seq. We remand with instructions.

The salient facts underlying Appellant's conviction were succinctly summarized by the PCRA court as follows:

[D]uring the early morning hours of April 10, 1989, [the victim] was awakened by [Appellant] who was in her bedroom. [The...

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