Comm., Pet. v. Red, J. (Summary Disposition)

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IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, Petitioner v. JOHN RED A/K/A FRED FULTON, Respondent : : : : : : : : : : : : : : : No. 115 EAL 2007 Petition for Allowance of Appeal from the Order of the Superior Court at 953 EDA 2005, dated February 13, 2007, vacating and remanding the Order of the Court of Common Pleas of Philadelphia County at CP-51-CR-0301931-2003, dated March 23, 2005 ORDER PER CURIAM: AND NOW, this 13th day of November, 2007, the Petition for Allowance of Appeal is hereby GRANTED. The Superior Court did not fully address the Commonwealth s contention that Respondent was represented by counsel during the waiver colloquy and, thus, did not sufficiently preserve by objection the contention that the colloquy was constitutionally inadequate. See Commonwealth s Letter Brief at 6-7. The decision in Commonwealth v. Monica, 597 A.2d 600, 603 (Pa. 1991), referred to by the Superior Court, is distinguishable, because in that case there was no dispute that Appellant acted pro se throughout his trial proceeding. The Order of the Superior Court is thus VACATED, and the matter is REMANDED for reconsideration of this argument.

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