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COM. v. DERK

913 A.2d 875 (2006)

COMMONWEALTH of Pennsylvania, Appellant v. Steven C. DERK, Appellee.

Superior Court of Pennsylvania.

Filed November 30, 2006.

Reargument Denied January 29, 2007.

Attorney(s) appearing for the Case

Gerald P. Morano, Office of the Attorney General, Harrisburg, for Com., appellant.

Edward J. Rymsza, Williamsport, for appellee.

BEFORE: KLEIN, BOWES, and McCAFFERY, JJ.

OPINION BY McCAFFERY, J.:

¶ 1 Appellant, the Commonwealth of Pennsylvania ("Commonwealth"), appeals from the order of the Court of Common Pleas of Snyder County granting the petition filed by Steven C. Derk ("Appellee") pursuant to the Post Conviction Relief Act ("PCRA"), 42 Pa.C.S.A. §§ 9541-9546. The PCRA court determined that Appellee had received ineffective assistance of counsel when counsel failed to...

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