Com. v. Weist, A. ( 2016 )

J-S38020-16
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
ALAN RICHARD WEIST,
Appellant No. 2954 EDA 2015
Appeal from the Order Entered September 1, 2015
In the Court of Common Pleas of Pike County
Criminal Division at No(s): CP-52-0000240-2009
BEFORE: FORD ELLIOTT, P.J.E., OLSON AND JENKINS, JJ.
JUDGMENT ORDER BY OLSON, J.: FILED AUGUST 09, 2016
In light of Appellant’s “Petition for Reconsideration,” wherein he
asserts that he never received the PCRA court’s order directing him to file a
Rule 1925(b) statement, this Court orders that the case be remanded so the
PCRA court may conduct a hearing and determine whether Appellant ever
received the PCRA court’s order to file and serve a Rule 1925(b) statement.
See Pa.R.A.P. 1925(c)(1) (“[a]n appellate court may remand in either a civil
or criminal case for a determination as to whether a [Rule 1925(b)
s]tatement had been filed and/or served or timely filed and/or served”); see
also Commonwealth v. Hess, 810 A.2d 1249, 1255 (Pa. 2002) (“where
[the a]ppellant was not served with notice of the trial court’s [] order
directing him to file a 1925(b) statement . . . , [the a]ppellant cannot be
penalized for failing to file a timely 1925(b) statement”). Said hearing shall
J-S38020-16
be held within 60 days of this order. The PCRA court is directed to provide
this Court with its findings within 15 days of the conclusion of the hearing.
Case remanded. Jurisdiction retained.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 8/9/2016
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