COM. v. RIVERA-RODRIGUEZ

No. 815 MDA 2011

39 A.3d 439 (2012)

2012 PA Super 43

COMMONWEALTH of Pennsylvania, Appellee v. Andy RIVERA-RODRIGUEZ, Appellant.

Superior Court of Pennsylvania.

Filed February 23, 2012.


Attorney(s) appearing for the Case

Vincent J. Quinn , Lancaster, for appellant.

Kelly M. Sekula , Assistant District Attorney, Lancaster, for Commonwealth, appellee.

BEFORE: BOWES, COLVILLE, and FITZGERALD, JJ.


OPINION BY BOWES, J.:

Andy Rivera-Rodriguez appeals from the April 21, 2011 order denying him PCRA relief. We affirm the PCRA court's determination that trial counsel did not provide ineffective assistance by advising Appellant to proceed to a nonjury trial in order to obtain the Commonwealth's agreement not to seek the death penalty. Hence, we affirm.

The present case concerns Appellant's participation in the January 17, 2004 death of Ryan Gardina. After...

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