IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 408 MAL 2020 : Respondent : : Petition for Allowance of Appeal : from the Unpublished v. : Memorandum and Order of the : Superior Court at No. 2162 EDA : 2019 entered on June 29, 2020, PATRICK J. KELLY, : affirming the Order of the Carbon : County Court of Common Pleas at Petitioner : No. CP-13-CR-0000551-2013 entered on June 27, 2019

ORDER

PER CURIAM DECIDED: January 22, 2021 AND NOW, this 22nd day of January, 2021, the Petition for Allowance of Appeal is GRANTED. We VACATE the decision of the Superior Court and REMAND for the Superior Court to apply Commonwealth v. Lacombe, 234 A.3d 602 (Pa. 2020).