Commonwealth v. Irizarry, A.
This text of Commonwealth v. Irizarry, A. (Commonwealth v. Irizarry, A.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 126 MM 2020
Respondent
v.
ANDY IRIZARRY,
Petitioner
ORDER
PER CURIAM
AND NOW, this 6th day of October, 2020, in consideration of the Petition for Leave
to File Petition for Allowance of Appeal Nunc Pro Tunc, this matter is REMANDED to the
Court of Common Pleas of Lancaster County for it to consider and adjudicate Petitioner's
claim that his direct appeal counsel abandoned him following the Superior Court's
affirmance of Petitioner's judgment of sentence. See Pa.R.A.P. 1113(d) (in the context
of a request for reinstatement of allocatur rights, providing that, "[i]f the Court cannot
determine whether nunc pro tunc relief is appropriate from the information provided, the
Court may remand to the trial court for factual findings.").
The Court of Common Pleas of Lancaster County is ORDERED to enter its order
regarding this remand within 90 days and to notify this Court promptly of its decision.
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