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COM. v. BAKER

540 Pa. 131 (1995)

656 A.2d 116

COMMONWEALTH of Pennsylvania, Appellee, v. Lee BAKER, a/k/a Herbert Baker, Jr., Appellant.

Supreme Court of Pennsylvania.

Decided May 8, 1995.

Reargument Denied May 19, 1995.

Attorney(s) appearing for the Case

Daniel Silverman, for Baker.

Catherine Marshall, Karen A. Brancheau, Hugh J. Burns, Jr., Robert A. Graci, Chief Deputy Atty. Gen., for Com.

Before NIX, C.J., and FLAHERTY, ZAPPALA, CAPPY, CASTILLE and MONTEMURO, JJ.

ORDER

PER CURIAM:

The Order entered by this Court on March 28, 1995, is hereby VACATED.

The Order of the Court of Common Pleas of Philadelphia County dismissing Appellant's second petition for relief under the Post Conviction Relief Act, 42 Pa.C.S. § 9541 et seq., is hereby AFFIRMED. The issue raised by Appellant was previously litigated on direct appeal to this court, and, thus, Appellant is ineligible for relief...

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