Commonwealth v. Bennett

OPINION BY

COLVILLE, J.:

The Commonwealth appeals the order granting Tony Bennett’s petition under the Post Conviction Relief Act (“PCRA”). The issue is whether the PCRA court erred in finding trial counsel ineffective for not objecting to the jury instructions as they related to Bennett’s vicarious liability for first-degree murder. We affirm the court’s order.

The record reveals the following facts. Bennett and four other people were accused of robbing a jewelry store in 1990. The Commonwealth alleged that Bennett, along with an individual named Wyatt, manned the getaway car. A third…