Commonwealth v. Miller, J. (Summary Disposition)

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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, : : Respondent : : : v. : : : JAMES ALLEN MILLER, : Petitioner : No. 981 MAL 2002 Petition for Allowance of Appeal from the Order and Memorandum Opinion of the Superior Court (Del Sole, PJ., Hudock, & Popovich, JJ.) dated August 19, 2002, quashing the appeal from the order of the Court of Common Pleas of Lehigh County at No.s 2265-2268/1976, dated December 21, 1999. ORDER PER CURIAM DECIDED: May 23, 2003 AND NOW, this 23rd day of May 2003, the Petition for Allowance of Appeal is GRANTED. The initial order granting petitioner leave to appeal nunc pro tunc granted him 60 days to file that appeal. See Order dated 12/21/99 (filed 11/14/01). As the appeal was filed within that 60 day period, the Superior Court's quashal order is VACATED and the appeal is REMANDED for consideration on the merits. Mr. Justice Saylor files a concurring statement.

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