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COM. v. ALLEN

No. 1045 EDA 2012

78 A.3d 1163 (2013)

2013 PA Super 279

COMMONWEALTH of Pennsylvania, Appellee v. Markeith Dasmond ALLEN, Appellant.

Superior Court of Pennsylvania.

Filed October 21, 2013.

Attorney(s) appearing for the Case

Scott F. Breidenbach , Pottstown, for appellant.

Charles J. Giambrone, Jr. , Assistant District Attorney, Norristown, for Commonwealth, appellee.

BEFORE: ALLEN, MUNDY, and FITZGERALD, JJ.

OPINION BY ALLEN, J.:

In this case, we must decide whether to remand for a determination of whether Markeith Dasmond Allen ("Appellant") wishes to expressly waive his right to file a PCRA petition, or whether we should affirm Appellant's judgment of sentence without prejudice to Appellant's rights to file a PCRA petition. For the reasons stated below, we choose the latter, and affirm Appellant's judgment of sentence.

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