IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT
July 16, 2012
COMMONWEALTH OF PENNSYLVANIA, RESPONDENT
CHRISTOPHER VANISTENDAEL, PETITIONER
Petition for Allowance of Appeal from the Memorandum and Order of the Superior Court (Musmanno, Freedberg, Strassburger, JJ) at 1205 WDA 2010, filed July 14, 2011, affirming the Order of the Court of Common Pleas of Venango County (White, SJ) at CP-61-CR- 0000197-2006, filed July 1, 2010
AND NOW, this 16th day of July, 2012, the Petition for Allowance of Appeal is GRANTED, the order of the Superior Court is VACATED, and the matter is REMANDED to the Court of Common Pleas of Venango County to determine whether petitioner would have wished to file a direct appeal had counsel consulted him. See Roe v. Flores-Ortega, 528 U.S. 470, 480 (2000) (counsel has constitutionally imposed duty to consult with defendant when there is reason to think rational defendant would want to appeal or that particular defendant reasonably demonstrated to counsel he was interested in appealing); id., at 484 (to show prejudice, petitioner must demonstrate reasonable probability that, but for counsel's deficient failure to consult with him about appeal, he would have timely appealed); Commonwealth v. Hertzog, 425 A.2d 329, 332-33 (Pa. 1981) (while counsel should do what is necessary to advise defendant, decision to appeal must be defendant's own choice).
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