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COMMONWEALTH of Pennsylvania, Respondent v. James R. CRUZ, Jr., Petitioner

Supreme Court of Pennsylvania2018-03-28No. No. 734 MAL 2017
183 A.3d 348

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Opinion

majority opinion

PER CURIAM

AND NOW, this 28th day of March, 2018, the Petition for Allowance of Appeal is GRANTED. The judgment of the Superior Court is VACATED, as is the January 5, 2017 order of the Centre County Court of Common Pleas dismissing the untimely Petitioners petition filed pursuant to the Post Conviction Relief Act, 42 Pa.C.S. §§ 9541-46. The case is REMANDED to the PCRA Centre County Court of Common Pleas for reconsideration in light of this Courts recent decision in Commonwealth v. Chmiel, ___ Pa. ___, 173 A.3d 617 (2017).