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COM. v. MATIAS

No. 9 EDA 2011

63 A.3d 807 (2013)

2013 PA Super 53

COMMONWEALTH Of Pennsylvania, Appellant v. Sixto MATIAS, Appellee.

Superior Court of Pennsylvania.

Filed March 14, 2013.

Attorney(s) appearing for the Case

Hugh J. Burns, Jr. , Assistant District Attorney, Philadelphia, for Commonwealth, appellant.

James R. Lloyd, III , Philadelphia, for appellee.

BEFORE: FORD ELLIOTT, P.J.E., MUSMANNO, BENDER, DONOHUE, SHOGAN, LAZARUS, MUNDY, OLSON and WECHT, JJ.

OPINION BY MUSMANNO, J.:

The Commonwealth of Pennsylvania appeals from the Order granting the Post Conviction Relief Act1 ("PCRA") Petition filed by Sixto Matias ("Matias"), and granting Matias a new trial. We affirm.

In its Opinion, the PCRA court recounted the history underlying the instant appeal as follows:

In July [] 2007, [Matias] was charged with involuntary deviate sexual...

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