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COM. v. CARTER

855 A.2d 885 (2004)

COMMONWEALTH OF PENNSYLVANIA, Appellee v. John CARTER, Appellant.

Superior Court of Pennsylvania.

Filed July 23, 2004.

Attorney(s) appearing for the Case

William C. Kaczynski, Pittsburgh, for appellant.

Sally K. Kaye, Pittsburgh, for Commonwealth, appellee.

Before: JOYCE, ORIE MELVIN and McCAFFERY, JJ.

OPINION BY JOYCE, J.:

¶ 1 John Carter, Appellant, appeals from the order dated May 7, 2003, which denied his petition brought pursuant to the Post Conviction Relief Act (PCRA), 42 Pa. C.S.A. §§ 9541-9546. We affirm. The relevant facts and procedural history have been previously summarized by this Court as follows.

On October 30, 1995, Tommy Smith was walking in a public parking lot when Appellant and his co-defendant, Milo Davis, approached...

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