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COM. v. BURTON

936 A.2d 521 (2007)

COMMONWEALTH of Pennsylvania, v. Frederick BURTON, Appellant.

Superior Court of Pennsylvania.

Filed October 24, 2007.

Attorney(s) appearing for the Case

Jonathan C. Gettleman, Santa Cruz, CA, for appellant.

Suzan Willcox, Asst. Dist. Atty., Philadelphia, for Com., appellee.

BEFORE: JOYCE, PANELLA and POPOVICH, JJ.

OPINION BY PANELLA, J.:

¶ 1 Appellant, Frederick Burton, appeals from the order entered on August 11, 2006, by the Honorable Sandy L.V. Byrd, Court of Common Pleas of Philadelphia County, which dismissed his third petition for relief filed pursuant to the Post Conviction Relief Act ("PCRA").1 After careful review, we affirm.

¶ 2 On December 7, 1972, following a jury trial, Burton was found guilty of first

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