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COMMONWEALTH v. COLAVITA

920 A.2d 836 (2007)

COMMONWEALTH of Pennsylvania, Appellee v. Christian COLAVITA, Appellant.

Superior Court of Pennsylvania.

Filed February 27, 2007.

Reargument Denied May 3, 2007.

Attorney(s) appearing for the Case

John J. McMahon, Jr., Philadelphia, for appellant.

Hugh J. Burns, Jr., Asst. Dist. Atty., Philadelphia, for the Com., appellee.

BEFORE: LALLY-GREEN, GANTMAN and POPOVICH, JJ.

OPINION BY POPOVICH, J.:

¶ 1 Appellant Christian Colavita appeals the order entered on December 16, 2005, in the Court of Common Pleas of Philadelphia County, that denied his first petition brought pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S.A. §§ 9541-9546. Upon review, we reverse and remand for a new trial.

¶ 2 The relevant factual and procedural history of this case were set forth fully by the PCRA court, in its opinion...

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