Commonwealth v. Lehman, R.

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 202 WAL 2022 :

Petitioner :

: Petition for Allowance of Appeal : from the Order of the Superior Court v. :

: :

RONNIE LEHMAN, :

:

Respondent :

ORDER

PER CURIAM

AND NOW, this 21st day of December, 2022, the Petition for Allowance of Appeal

is GRANTED. The issue, as stated by petitioner, is:

Whether the Superior Court majority erred in concluding that prior counsel rendered ineffective assistance for failing to pursue on appeal a claim that the evidence was insufficient to sustain Respondent’s conviction under 18 Pa.C.S. § 5123(a.2) (Contraband), because he was not an inmate at the time he unlawfully possessed a controlled substance, where, pursuant to the relevant statute and legislation, he was an inmate?