Commonwealth v. Overby

Full title: COMMONWEALTH of Pennsylvania, Appellee v. Dante OVERBY, Appellant

Court: Supreme Court of Pennsylvania, Eastern District

Date published: Apr 8, 2005

871 A.2d 186 (Pa. 2005)

871 A.2d 186

Opinion

Nos. 32 33 EAP 2004.

April 8, 2005.

Appeal from the Order of the Superior Court dated October 21, 2003 at Nos. 3280 and 3458 EDA 2001 dismissing the appeal from the Order of the Court of Common Pleas of Philadelphia County dated October 21, 1998 at No. 9802-0343 1/3 and reversing and remanding the Order of the Court of Common Pleas of Philadelphia County dated November 7, 2001 at No. 9802-0343 1/2.

Sondra R. Rodrigues, Esq., Philadelphia, for Dante Overby.

Hugh J. Burns, Esq., Philadelphia, for Commonwealth of Pennsylvania.

BEFORE: CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

ORDER

PER CURIAM.

AND NOW, this 8th day of April, 2005, the Order of the Superior Court is hereby reversed, and the matter is remanded to the Superior Court for a merits review of the issue(s) raised in Appellant's direct appeal nunc pro tunc. Commonwealth v. Halley, 582 Pa. 164, 870 A.2d 795, 2005 WL 709283 (2005).