March 11, 2014
COMMONWEALTH OF PENNSYLVANIA, Respondent
WALTER K. GIKAMI, Petitioner
This case is not published in a printed volume and its disposition appears in a table in the reporter.
Petition for Allowance of Appeal from the Unpublished Memorandum and Order of the Superior Court at No. 1759 MDA 2011 filed May 8, 2012, affirming the Judgment of Sentence of the Dauphin County Court of Common Pleas at No. CP-22-CR-0002267-2010 filed September 19, 2011.
Mr. Justice Stevens would deny.
AND NOW, this 11th day of March 2014, the Petition for Allowance of Appeal is GRANTED, the Superior Court's decision is VACATED, and the matter is REMANDED to the Common Pleas Court for further proceedings consistent with Commonwealth v. Holmes, 79 A.3d 562 (Pa. 2013).
Mr. Justice Stevens would deny, clarifying that he would not want to encourage trial courts to automatically accept claims of ineffectiveness simply because of the
alleged failure of counsel to mention deportation as a possible consequence.