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COM. v. BENNETT

930 A.2d 1264 (2007)

COMMONWEALTH of Pennsylvania, Appellee v. Tony L. BENNETT, Appellant.

Supreme Court of Pennsylvania.

Decided August 23, 2007.

Attorney(s) appearing for the Case

Mitchell S. Strutin, Philadelphia, for Tony L. Bennett.

Hugh J. Burns, Jr., Philadelphia District Attorney's Office, Philadelphia, for Commonwealth of Pennsylvania.

Before CAPPY, C.J., CASTILLE, SAYLOR, EAKIN, BAER, BALDWIN, FITZGERALD, JJ.

OPINION

Chief Justice CAPPY.

The issue before the Court is whether Appellant is entitled to reinstatement of his Post Conviction Relief Act ("PCRA")1 appeal rights nunc pro tunc in a second PCRA petition, filed more than one year after the date his judgment of sentence became final, when his original PCRA appeal was dismissed because of PCRA counsel's failure to file a...

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