Opinion
55 MM 2022
08-22-2022
COMMONWEALTH OF PENNSYLVANIA, Respondent v. JAMES KEVIN SHATZER, Petitioner
Petition for Leave to File Petition for Allowance of Appeal from the Order of the Superior Court
ORDER
PER CURIAM
AND NOW, this 22nd day of August, 2022, in consideration of the Petition for Leave to File Petition for Allowance of Appeal Nunc Pro Tunc, this matter is REMANDED to the Court of Common Pleas of Franklin County to determine, within 15 days of this order, whether counsel of record, Attorney Eric John Weisbrod, should be permitted to withdraw pursuant Pa.R.Crim.P. 120. If the trial court permits counsel of record to withdraw and determines that Petitioner is entitled to court-appointed counsel, the trial court shall appoint new counsel within 30 days of this order. Finally, either counsel, or Petitioner if proceeding pro se, shall file a Petition for Allowance of Appeal within 90 days of this order. Commonwealth v. Williams, 48 A.3d 1243 (Pa. 2012) (per curiam order) (remanding petition for leave to file petition for allowance of appeal nunc pro tunc for determination of whether counsel should be permitted to withdraw and filing of petition for allowance of appeal).