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Commonwealth of v. Kenneth Lee Beaver

IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT


May 3, 2011

COMMONWEALTH OF PENNSYLVANIA, PETITIONER
v.
KENNETH LEE BEAVER, RESPONDENT

Petition for Allowance of Appeal from the Order and Memorandum Opinion of the Superior Court dated July 7, 2010

Per curiam.

(reargument denied September 13, 2010) at 3199 EDA 2007 vacating the judgment of sentence entered by the Court of

Common Pleas of Philadelphia County on June 8, 2009 at CP-51-CR-1302386-2006.

ORDER

AND NOW, this 3rd day of May, 2011, the Petition for Allowance of Appeal is GRANTED. The Superior Court did not address the Commonwealth's contention that Respondent was represented by counsel during the waiver-of-counsel colloquy and, thus, did not sufficiently preserve by objection the contention that the colloquy was constitutionally inadequate. The Order of the Superior Court is thus VACATED, and the matter is REMANDED for reconsideration of this argument. See Commonwealth v. Red, 937 A.2d 383 (Pa. 2007) (per curiam).

20110503

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