Comm. v. Cater, Aplt (Per Curiam Order)

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[J-21-2003] IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, : : Appellee, : : : v. : : : KENNETH CATER, : : Appellant : No. 9 WAP 2002 Appeal from the Order of the Superior Court, entered October 18, 2001, at No. 735WDA2000, affirming the Judgment of Sentence of the Court of Common Pleas of Allegheny County, entered April 10, 2000 at NoCC8506531. SUBMITTED: January 10, 2003 ORDER PER CURIAM DECIDED: OCTOBER 21, 2003 AND NOW, this 21st day of October, 2003, the order of the Superior Court is reversed and the case is remanded to the PCRA court to consider whether appellant is entitled to file a Petition for Allowance of Appeal to this Court nunc pro tunc based upon his appellate counsel s alleged ineffectiveness in failing to file a timely petition for allowance of appeal. See Commonwealth v. Liebel, 825 A.2d 630 (Pa. 2003). relinquished. Jurisdiction is

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