Commonwealth v. Tejeda, Pet (Summary Disposition)

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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, : : Respondent : : : v. : : : RICKY TEJEDA, : : Petitioner : : No. 373 MAL 2007 Petition for Allowance of Appeal from the Order and Memorandum of the Superior Court (Kelly & Panella, JJ.; Concurring and Dissenting Statement, Joyce, J.) dated April 12, 2007 affirming the Order of the Court of Common Pleas of Lehigh County (McGinley, J.) dated June 28, 2006. ORDER PER CURIAM DECIDED: September 13, 2007 AND NOW, this 13th day of September 2007, the Petition for Allowance of Appeal is GRANTED. The order of the Superior Court is REVERSED and the case is REMANDED to the PCRA court to consider whether petitioner is entitled to file a Petition for Allowance of Appeal to this Court nunc pro tunc based upon trial counsel's alleged ineffectiveness in failing to file a requested timely petition for allowance of appeal. See Commonwealth v. Liebel, 825 A.2d 630 (Pa. 2003). Jurisdiction is relinquished.

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