Commonwealth v. Cruz, J., Jr. (summary disposition)

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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, Respondent v. JAMES R. CRUZ, JR., Petitioner : : : : : : : : : : : : No. 734 MAL 2017 Petition for Allowance of Appeal from the Unpublished Memorandum and Order of the Superior Court at No. 1728 MDA 2016 entered on September 29, 2017, affirming the PCRA Order of the Centre County Court of Common Pleas at No. CP-14CR-0001246-1993 entered on September 14, 2016 ORDER PER CURIAM DECIDED: March 28, 2018 AND NOW, this 28th day of March, 2018, the Petition for Allowance of Appeal is GRANTED. The judgment of the Superior Court is VACATED, as is the January 5, 2017 order of the Centre County Court of Common Pleas dismissing the untimely Petitioner’s petition filed pursuant to the Post Conviction Relief Act, 42 Pa.C.S. §§ 9541-46. The case is REMANDED to the PCRA Centre County Court of Common Pleas for reconsideration in light of this Court’s recent decision in Commonwealth v. Chmiel, 173 A.3d 617 (Pa. 2017).

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