Commonwealth v. Peroza-Benitez, J.

• Court: Supreme Court of Pennsylvania
• Decided: January 9, 2023
• Docket: 83 MM 2022
• Status: Published

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : Nos. 82-84 MM 2022 : Respondent : : : v. : : : JOSE PEROZA-BENITEZ, : : Petitioner :

ORDER PER CURIAM

AND NOW, this 9th day of January, 2023, the Petition for Leave to File Petition for

Allowance of Appeal Nunc Pro Tunc is GRANTED.

It appears that Attorney Douglas J. Waltman, who was Petitioner’s PCRA counsel,

abandoned Petitioner. See Pa.R.Crim.P. 120(B)(1) (indicating that counsel may not

withdraw absent leave of court); Pa.R.Crim.P. 904(F)(2) (providing that, when counsel is

appointed in a PCRA matter, representation continues through all avenues of appeal,

including allocatur review). This matter is REMANDED to the Court of Common Pleas of

Berks County to determine whether Petitioner is entitled to appointment of new counsel

or whether to permit Petitioner to proceed pro se. See Pa.R.Crim.P. 904(F)(2); see also

Commonwealth v. Grazier, 713 A.2d 81 (Pa. 1998) (in the context of a collateral attack

against a sentence, explaining that an on-the-record determination must be made as to

whether a defendant’s request to proceed pro se is knowing, intelligent, and voluntary).

The Court of Common Pleas of Berks County is DIRECTED to enter its order on

remand within 90 days and to notify this Court promptly of its determination.

The Prothonotary is DIRECTED to serve this order on Attorney Waltman.