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COM. v. MALONE

823 A.2d 931 (2003)

COMMONWEALTH of Pennsylvania, Appellee, v. Joseph John MALONE, Appellant.

Superior Court of Pennsylvania.

Filed April 30, 2003.

Attorney(s) appearing for the Case

Candace Cain, Public Defender, Pittsburgh, for appellant.

Michael W. Streily, Deputy Dist. Atty., and Sandra Preuhs, Asst. Dist. Atty., Pittsburgh, for Com., appellee.

BEFORE: GRACI, CAVANAUGH, JJ., and McEWEN, P.J.E.

OPINION BY GRACI, J.:

¶ 1 Appellant, Joseph J. Malone ("Malone") appeals from an order entered on February 4, 2002, in the Court of Common Pleas of Allegheny County, denying Malone's petition for relief under the Post Conviction Relief Act, 42 Pa.C.S.A. §§ 9541-9546. For the reasons set forth below, we vacate the order and remand this matter with directions.

I. FACTUAL AND PROCEDURAL HISTORY

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