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COM. v. KIMBROUGH

938 A.2d 447 (2007)

COMMONWEALTH of Pennsylvania, Appellee v. Darrell KIMBROUGH, Appellant.

Superior Court of Pennsylvania.

Filed December 3, 2007.

Attorney(s) appearing for the Case

John J. Warring, Scranton, for appellant.

Lisa A. Gillick, Asst. Dist. Atty., Scranton, for the Com., appellee.

BEFORE: KLEIN, DANIELS and KELLY, JJ.

OPINION BY DANIELS, J.:

¶ 1 Appellant, Darrell Kimbrough, appeals from an order filed on December 20, 2006 by the Court of Common Pleas of Lackawanna County, denying his petition filed pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S.A. §§ 9541-46. For the following reasons, we affirm in part, vacate in part, and remand for proceedings consistent with this Opinion.

FACTS & PROCEDURAL BACKGROUND

¶ 2 On June...

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