Comm. v. Holley, E., Pet. (Summary Disposition)
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IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, : : Respondent : : : v. : : : ERIC HOLLEY, : : Petitioner : No. 207 EAL 2007 Petition for Allowance of Appeal from the Order of the Superior Court at 3520 EDA 2005, dated March 22, 2007 affirming the Judgment of Sentence of the Court of Common Pleas of Philadelphia County at CP-51-CR-0709281-2004, dated November 17, 2005. ORDER PER CURIAM AND NOW, this 4TH day of September, 2007, the Petition for Allowance of Appeal is GRANTED. The Order of the Superior court is VACATED and the matter is REMANDED to the Superior Court for further proceedings, including a remand to the Court of Common Pleas of Philadelphia County, if necessary, for an evidentiary hearing to determine the responsibility for the absence of trial transcripts from the record certified for appeal and whether Petitioner/Appellant preserved for appellate review the issue of weight of the evidence. If it is determined that the absence of the trial transcripts is attributable to court personnel the Superior court shall resolve the issues preserved for appeal on the merits. See, Commonwealth v. Moses, 743 A.2d 430 (Pa. 2000); Commonwealth v. Barge, 743 A.2d 429 (Pa. 1999); Cf. Commonwealth v. Williams, 715 A.2d 1101 (Pa. 1998).
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