Commonwealth v. Howard, M.

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 223 EAL 2021 :

Respondent : : Petition for Allowance of Appeal : from the Published Opinion and v. : Order of the Superior Court at No. : 2821 EDA 2019, at 249 A.3d 1229 : (Pa. Super. 2021) entered on April MELVIN HOWARD, : 20, 2021, affirming the PCRA : Order of the Philadelphia County Petitioner : Court of Common Pleas at No. CP- : 51-CR-0304271-1988 entered on : September 11, 2019

ORDER

PER CURIAM

AND NOW, this 12th day of November, 2021, the Petition for Allowance of Appeal

is GRANTED. We VACATE the decision of the Superior Court and REMAND for the

Superior Court to apply Commonwealth v. Small, 238 A.3d 1267 (Pa. 2020).

Justice Dougherty files a concurring statement in which Justice Mundy joins.