Opinion
2014-03-11
COMMONWEALTH of Pennsylvania, Respondent v. Walter K. GIKAMI, Petitioner.
Petition for Allowance of Appeal, No. 442 MAL 2012, from the Unpublished Memorandum and Order of the Superior Court at No. 1759 MDA 2011 filed May 8, 2012, affirming the Judgment of Sentence of the Dauphin County Court of Common Pleas at No. CP–22–CR–0002267–2010 filed September 19, 2011.
Prior report: Pa.Super., 50 A.3d 237.
ORDER
PER CURIAM.
AND NOW, this 11th day of March 2014, the Petition for Allowance of Appeal is GRANTED, the Superior Court's decision is VACATED, and the matter is REMANDED. to the Common Pleas Court for further proceedings consistent with Commonwealth v. Holmes, ––– Pa. ––––, 79 A.3d 562 (2013).
Mr. Justice Stevens would deny, clarifying that he would not want to encourage trial courts to automatically accept claims of ineffectiveness simply because of the alleged failure of counsel to mention deportation as a possible consequence.