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COMMONWEALTH v. BENNETT

842 A.2d 953 (2004)

COMMONWEALTH of Pennsylvania, Appellees, v. Tony L. BENNETT, Appellant.

Superior Court of Pennsylvania.

Filed February 4, 2004.

Attorney(s) appearing for the Case

Mitchell S. Strutin, Philadelphia, for appellant.

Heather D. Young, Asst. Dist. Atty., Philadelphia, for Com., appellee.

Before: DEL SOLE, P.J., JOHNSON, HUDOCK, FORD ELLIOTT, JOYCE, STEVENS, MUSMANNO, TODD, and KLEIN, JJ.

TODD, J.

¶ 1 Tony Bennett appeals nunc pro tunc the February 19, 1999 order dismissing his first petition brought pursuant to the Post Conviction Relief Act ("PCRA").1 Because we are constrained to conclude that his second PCRA petition—in response to which the PCRA court reinstated nunc pro tunc Bennett's appeal from the denial of his first PCRA petition, resulting in the present appeal—was untimely, we...

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