IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 146 EM 2016 : Respondent : : : v. : : : MARKEL DAVIS, : : Petitioner :

ORDER

PER CURIAM AND NOW, this 14th day of November, 2016, the Petition for Leave to File Petition for Allowance of Appeal Nunc Pro Tunc is GRANTED. Although counsel has not established that the failure to present a timely filing was due to non-negligent circumstances, Petitioner is entitled to a counsel-filed allocatur petition. See Pa.R.Crim.P. 122.

Counsel is DIRECTED to file the already prepared Petition for Allowance of Appeal within 5 days