Commonwealth v. Alvarado-Lenhart

97 A.3d 1202, 626 Pa. 436, 2014 WL 4079964, 2014 Pa. LEXIS 2116

• Court: Supreme Court of Pennsylvania
• Decided: August 19, 2014
• Status: Published

Opinion

ORDER

PER CURIAM.

AND NOW, this 19th day of August, 2014, the Petition for Allowance of Appeal is GRANTED, the decision of the Superior Court is VACATED, and the matter is REMANDED to the Superior Court for reconsideration under Commonwealth v. Lucarelli, 601 Pa. 185, 971 A.2d 1173 (2009) (waiver of right to counsel is intentional and voluntary relinquishment of known right; forfeiture of right to counsel, by contrast, does not require that defendant intend to relinquish right but may result from defendant’s extremely serious or dilatory conduct). The remand is not to be construed as an expression of view on whether, in fact, respondent forfeited the right to counsel.