Opinion
No. 386 CAP.
May 16, 2005.
Petition for Remand Nos. 8605-1156 2/2, 1163, 1166 1168, William J. Manfredi, J.
John Charles Dodds, Esq., Aretha Delight Davis, Esq., Patricia Daffodil Tyminski, Esq., Philadelphia, for Percy Lee.
Hugh J. Burns, Esq., Amy Zapp, Esq., Philadelphia, for Commonwealth of Pennsylvania.
BEFORE: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.
ORDER
AND NOW, this 16th day of May, 2005, the Petition for Remand is hereby GRANTED, and the matter is remanded to the PCRA court to permit appellant to raise, and the PCRA court to rule upon, a claim pursuant to Roper v. Simmons, 543 U.S. ___, 125 S.Ct. 1183, 161 L.Ed.2d 1 (2005), without prejudice for appellant to obtain appellate review of the remainder of his guilt phase claims.