Commonwealth v. Toro

Full title: COMMONWEALTH of Pennsylvania, Respondent v. Gregorio TORO, III, Petitioner.

Court: Supreme Court of Pennsylvania.

Date published: Mar 12, 2014

87 A.3d 316 (Pa. 2014)

Opinion

2014-03-12

COMMONWEALTH of Pennsylvania, Respondent v. Gregorio TORO, III, Petitioner.

PER CURIAM.

Petition for Allowance of Appeal from the Order of the Superior Court, No. 768 MAL 2013.

Prior report: Pa.Super., 87 A.3d 373.

ORDER

PER CURIAM.

AND NOW, this 12th day of March, 2014, the Petition for Allowance of Appeal is GRANTED. The issue is:

Whether Superior Court erred because it affirmed the PCRA court but for different reasons; namely, that the [p]etition was untimely and this determination was made sua sponte by the Superior Court but is erroneous because the issues being adjudicated were raised in a timely PCRA but subsequent PCRA's [sic] were filed for procedural defects of the Common Pleas Court or abandonment by prior PCRA counsel?