Opinion
No. 448 CAP.
Submitted: April 18, 2005.
August 20, 2007.
Appeal No. 448 CAP from the Order entered on 04-30-2004 in the Court of Common Pleas, Criminal Division of Philadelphia County (Carolyn Engel Temin, S.J.), granting PCRA petition at No. 2143 January Term 1983.
Amy Zapp, Esq., Hugh J. Burns, Jr., Esq., Philadelphia District Attorney's Office, for Commonwealth of Pennsylvania.
George Gabriel Gordon, Esq., Dechert L.L.P., Philadelphia, for Simon Pirela.
ORDER
AND NOW, this 20th day of August, 2007, the order of the Court of Common Pleas is affirmed. See Commonwealth v. Gibson, 592 Pa. 411, 925 A.2d 167 (2007) (when Post Conviction Relief Act court's findings are supported by substantial evidence and legal conclusion is not clearly erroneous, determination petitioner is mentally retarded and cannot be executed is affirmed).