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Commonwealth of Pennsylvania v. Salvador Morales

IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT


February 3, 2010

COMMONWEALTH OF PENNSYLVANIA, RESPONDENT
v.
SALVADOR MORALES, PETITIONER

Per curiam.

ORDER

AND NOW, this 3rd day of February, 2010, the Petition for Leave to File Notice of Appeal Nunc Pro Tunc is DISMISSED. As Petitioner's filing is not a request for mandamus relief, this matter was improperly transferred from the Superior Court on that basis. To the extent that Petitioner seeks reinstatement nunc pro tunc of his right to appeal to the Superior Court from the Post Conviction Relief Act ("PCRA") court's order, the proper vehicle to make that request, if any, is a subsequent PCRA petition filed in the PCRA court. Cf. Kendrick v. District Attorney Of Philadelphia County, 916 A.2d 529, 537 (Pa. 2007).

20100203

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