Commonwealth v. Baker

OPINION BY

LALLY-GREEN, J.:

¶ 1 Appellant, John Baker, appeals from the September 17, 2004 denial of his petition under the Post Conviction Relief Act (PCRA), 42 Pa.C.S.A. §§ 9541-9546. We reverse and remand.

¶ 2 The trial court recited the following facts and procedural history:

On December 11, 2002, John Baker, Defendant herein, sold heroin to a detective and an undercover police officer for $110. Defendant was apprehended and charged accordingly. Defendant was also charged with another delivery for a different date, but as part of the plea bargain, the other delivery was to be nol prossed.

On…