COM. v. DONAGHY

No. 2848 EDA 2010.

33 A.3d 12 (2011)

2011 PA Super 187

COMMONWEALTH of Pennsylvania, Appellee v. David Joseph DONAGHY, Appellant.

Superior Court of Pennsylvania.

Filed August 31, 2011.

Reargument Denied October 14, 2011.


Attorney(s) appearing for the Case

Stuart M. Wilder , Doylestown, for appellant.

David W. Heckler , Assistant District Attorney, Doylestown, for Commonwealth, appellee.

BEFORE: SHOGAN, LAZARUS, and PLATT, JJ.


OPINION BY LAZARUS, J.:

David Joseph Donaghy appeals from the dismissal of his first petition filed under the Post Conviction Relief Act ("PCRA"), 42 Pa.C.S.A. § 9541, et seq. After careful review, we reverse the PCRA court's order and remand with instructions to reinstate Donaghy's direct appellate rights.

On December 19, 2007, Donaghy and two accomplices, Patricia Chewning and Jeremy Calhoun, conspired to rob Calhoun's 80-year old neighbor, William...

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