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COM. v. PERRY

No. 2363 EDA 2007.

959 A.2d 932 (2008)

COMMONWEALTH of Pennsylvania, Appellee v. Admiral PERRY, Appellant.

Superior Court of Pennsylvania.

Filed September 15, 2008.

Reargument Denied December 1, 2008.

Attorney(s) appearing for the Case

Admiral Perry, appellant, Pro Se.

George M. Green, Assistant District Attorney and John F.X. Reilly, Assistant District Attorney, Media, for Commonwealth, appellee.

BEFORE: MUSMANNO, BENDER, and FITZGERALD, JJ.

OPINION BY FITZGERALD, J.:

¶ 1 Appellant, Admiral Perry, files this pro se appeal from the order entered in the Delaware Country Court of Common Pleas, denying his first petition filed under the Post Conviction Relief Act (PCRA).1 We find that the PCRA court erred in finding Appellant's claims previously litigated, and that trial counsel had a reasonable basis for his failure to call the police sketch artist as a witness. Nonetheless...

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