COM. v. FIGUEROA

No. 168 EDA 2011.

29 A.3d 1177 (2011)

2011 PA Super 209

COMMONWEALTH of Pennsylvania, Appellee v. Josue Rosario FIGUEROA, Appellant.

Superior Court of Pennsylvania.

Filed October 3, 2011.


Attorney(s) appearing for the Case

Josue R. Figueroa , appellant, pro se.

James B. Martin , Assistant District Attorney, Allentown, for Commonwealth, appellee.

BEFORE: BOWES, SHOGAN, and FREEDBERG, JJ.


OPINION BY BOWES, J.:

Josue Rosario Figueroa appeals from the order entered December 8, 2010 denying his PCRA petition challenging his 1988 rape conviction. Finding that the PCRA court erred in treating Appellant's petition as a second petition and therefore failed to appoint counsel, we remand for a Grazier1 hearing to ensure that an on-the-record colloquy is conducted to confirm Appellant's desire to proceed pro se.

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