Commonwealth v. Baker

656 A.2d 116, 540 Pa. 131

• Court: Supreme Court of Pennsylvania
• Decided: May 8, 1995
• Status: Published

Opinions

ORDER

PER CURIAM:

The Order entered by this Court on March 28, 1995, is hereby VACATED.

The Order of the Court of Common Pleas of Philadelphia County dismissing Appellant’s second petition for relief under the Post Conviction Relief Act, 42 Pa.C.S. § 9541 et seq., is hereby AFFIRMED. The issue raised by Appellant was previously litigated on direct appeal to this court, and, thus, Appellant is ineligible for relief under the Post Conviction Relief Act. 42 Pa.C.S. §§ 9543(3), 9544(a)(2)1

ZAPPALA, J., files a concurring statement.

MONTEMURO, J., is sitting by designation.

1 . The Prothonotary of the Supreme Court is directed to transmit, as soon as possible, the full and complete record of the case sub judice to the Governor of Pennsylvania. 42 Pa.C.S. § 971 l(i).