IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT
May 3, 2011
COMMONWEALTH OF PENNSYLVANIA, PETITIONER
KENNETH LEE BEAVER, RESPONDENT
Petition for Allowance of Appeal from the Order and Memorandum Opinion of the Superior Court dated July 7, 2010
(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.
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).
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