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COM. v. CARTER

861 A.2d 957 (2004)

COMMONWEALTH of Pennsylvania v. Alfonso F. CARTER, Appellant.

Superior Court of Pennsylvania.

Filed October 29, 2004.

Attorney(s) appearing for the Case

Francis M. Socha, Harrisburg, for appellant.

James P. Barker, Asst. Dist. Atty., Harrisburg, for Com., appellee.

BEFORE: HUDOCK, JOYCE, MUSMANNO, KLEIN, BENDER, BOWES, GANTMAN, McCAFFERY and PANELLA, JJ.

OPINION BY BENDER, J.:

¶ 1 Alfonso F. Carter appeals from the May 29, 2002 order denying relief pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S. §§ 9541-46. We reverse and remand for a new trial.

¶ 2 In a memorandum opinion this Court filed in this case on Appellant's direct appeal, we set forth the following factual recitation:

The incident occurred at approximately 6:15 p.m., on the evening of March 18, 1998. Officer...

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