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COM. v. SMITH

818 A.2d 494 (2003)

COMMONWEALTH of Pennsylvania, Appellant v. Charles H. SMITH, Jr., Appellee.

Supreme Court of Pennsylvania.

Decided March 6, 2003.

Attorney(s) appearing for the Case

Andrea F. McKenna, D. Michael Fisher, Jerome T. Foerster, William H. Ryan, Rober A. Graci, Harrisburg, for the Com., Appellant.

David Russell Yoder, Chambersburg, for Charles H. Smith, Appellee.

Before: CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and LAMB, JJ.

OPINION

Justice NEWMAN.

The Commonwealth of Pennsylvania (the Commonwealth) seeks review of an Order of the Superior Court, which vacated a decision of the Court of Common Pleas of Franklin County (PCRA court) that dismissed a pro se petition filed by Charles H. Smith Jr. (Smith) pursuant to the Post Conviction Relief Act (PCRA).1 After reviewing the claim raised by the Commonwealth, we affirm the decision of the...

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