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COM. v. CASTRO

766 A.2d 1283 (2001)

COMMONWEALTH of Pennsylvania, Appellee v. Jorge Luis CASTRO, Appellant.

Superior Court of Pennsylvania.

Filed January 16, 2001.

Attorney(s) appearing for the Case

Michael D. Dautrich, Reading, for appellant.

Alisa R. Hobart, Asst. Dist. Atty., Reading, for the Com., appellee.

Before CAVANAUGH, STEVENS and BROSKY, JJ.

BROSKY, J.

¶ 1 This is an appeal from an order dismissing a PCRA petition as untimely. The question this case presents is whether a PCRA petition prepared pro se by a prisoner is "filed" when duly deposited in the United States Mail and addressed to the Clerk of Courts despite the Clerk of Courts' failure to docket the receipt of the petition.1 Because we resolve the above question in the affirmative, we reverse.

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