IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 88 MAL 2023 : Respondent : : Petition for Allowance of Appeal : from the Order of the Superior Court v. : : : LAMARCUS EUGENE DRAYTON, : : Petitioner :

ORDER

PER CURIAM AND NOW, this 7th day of August, 2023, the Petition for Allowance of Appeal is GRANTED, LIMITED TO the issue set forth below. Allocatur is DENIED as to the remaining issue. The issue, as stated by petitioner, is:

Did the court err and abuse its discretion in denying appellant’s PCRA [petition] given trial counsel’s ineffectiveness for failing to object to written jury instructions being sent back with the jury during deliberations by requiring a show of prejudice which would in essence require the jurors to be polled on how [they] viewed the jury instructions?