Commonwealth v. Howard, M. (summary disposition)

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IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, Respondent v. MELVIN HOWARD, Petitioner : : : : : : : : : : : : : No. 223 EAL 2021 Petition for Allowance of Appeal from the Published Opinion and Order of the Superior Court at No. 2821 EDA 2019, at 249 A.3d 1229 (Pa. Super. 2021) entered on April 20, 2021, affirming the PCRA Order of the Philadelphia County Court of Common Pleas at No. CP51-CR-0304271-1988 entered on September 11, 2019 ORDER PER CURIAM AND NOW, this 12th day of November, 2021, the Petition for Allowance of Appeal is GRANTED. We VACATE the decision of the Superior Court and REMAND for the Superior Court to apply Commonwealth v. Small, 238 A.3d 1267 (Pa. 2020). Justice Dougherty files a concurring statement in which Justice Mundy joins.

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