Commonwealth v. Rega
Commonwealth v. Rega
Opinion
*186 ORDER
AND NOW, this 14th day of August, Petitioner’s emergency motion for stay of execution and remand for filing of first, amended, counseled PCRA petition is GRANTED; the PCRA court’s Order dated July 21, 2008, dismissing Movant’s pro se PCRA petition is VACATED, see Commonwealth v. Tedford, 566 Pa. 457, 781 A.2d 1167 (2001) (holding that, where a post-conviction petitioner files his first petition pro se, he shall be permitted to file an amended petition with the assistance of counsel); Commonwealth v. Robinson, 947 A.2d 710, 711 (Pa. 2008) (per curiam) (explaining that pertinent criminal procedural rules are “intended to provide petitioners with a legitimate opportunity to present their claims to the PCRA court, in a manner sufficient to avoid dismissal due to a correctable defect in pleading or presentation”); the motion for stay of execution is GRANTED, pending an appropriate final disposition of the post-conviction proceedings, see Pa.R.Crim.P. 909(A)(2); and the matter is REMANDED to the PCRA court with the direction that Movant be permitted to file an amended, counseled post-conviction petition within 120 days after the entry of this Order.
Reference
- Full Case Name
- COMMONWEALTH of Pennsylvania, Respondent v. Robert Gene REGA, Petitioner
- Status
- Published