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Commonwealth of Pennsylvania v. John S. Lang

IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT


May 18, 2011

COMMONWEALTH OF PENNSYLVANIA, RESPONDENT
v.
JOHN S. LANG, PETITIONER

Petition for Allowance of Appeal from the Order of the Superior Court entered July 19, 2010 at No. 114 WDA 2009, affirming the Judgment of Sentence of the Court of Common Pleas of Allegheny County entered December 3, 2008 at No. CP-02- CR-0005201-2008.

Per curiam.

ORDER

AND NOW, this 18th day of May, 2011, the Petition for Allowance of Appeal is hereby GRANTED. Petitioner, a pro se prisoner, has presented sufficient proof to establish that he presented three copies of his Concise Statement of Matters Complained of on Appeal to prison officials on June 12, 2009, one each to be mailed to the trial judge, the District Attorney, and the Clerk of Courts, and thus, has presented sufficient proof that he was in compliance with Pa.R.A.P. 1925(b). See also Commonwealth v. Jones, 700 A.2d 423 (Pa. 1977) (explaining the prisoner mailbox rule). Also, the trial court acknowledged having received the Rule 1925(b) statement. Accordingly, the order of the Superior Court is vacated and the matter is remanded to the Superior Court for disposition of the direct appeal on its merits.

Madame Justice Orie Melvin did not participate in the consideration or decision of this matter.

20110518

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