COM. v. SNEED


899 A.2d 1067 (2006)

COMMONWEALTH of Pennsylvania, Appellant, v. Willie SNEED, Appellee.

Supreme Court of Pennsylvania.

Decided June 19, 2006.


Attorney(s) appearing for the Case

Amy Zapp, Esq., Hugh J. Burns, Jr., Esq., Harrisburg, for the Commonwealth of Pennsylvania.

Billy Horatio Nolas, Esq., Philadelphia, for Willie Sneed.

BEFORE: CAPPY, C.J., and CASTILLE, NEWMAN, SAYLOR, EAKIN, BAER and BALDWIN, JJ.


OPINION

Justice CASTILLE.

The instant matter is an appeal by the Commonwealth from the order of the Court of Common Pleas granting Willie Sneed, appellee herein, a new trial and new penalty hearing pursuant to the Post Conviction Relief Act ("PCRA"), 42 Pa. C.S. § 9541 et seq. For the reasons that follow, we affirm the PCRA court's order to the extent that it granted a new penalty hearing, but we vacate the grant of a new trial.

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