ORDER

AND NOW, this 2nd day of July, 2002, it appearing that the petition for allowance of appeal was improvidently filed, pursuant to Pa.R.A.P. 1103, the matter is hereby transferred to the appeal docket to be treated as a direct appeal. Further, the order of the Commonwealth Court is hereby VACATED and this action in mandamus is REMANDED for consideration of the merits of appellant’s ex post facto claim in accordance with Coady v. Vaughn, 564 Pa. 604, 770 A.2d 287 (2001).