Commonwealth v. Cobbs

DEL SOLE, J.:

¶ 1 The Commonwealth appeals the order granting Appellee a new trial. Appel-lee was convicted by a jury of burglary, escape, and resisting arrest and was sentenced to an aggregate term of 54 months to 12 years’ imprisonment. This court affirmed the judgment of sentence and the Supreme Court denied appeal. Commonwealth v. Cobbs, 698 A.2d 1344 (Pa.Super.1997), appeal denied, 555 Pa. 716, 724 A.2d 933 (1998). Appellee then filed a counseled petition pursuant to the Post Conviction Relief Act (PCRA), 42 Pa. C.S.A. §§ 9541-9546. In his petition, Ap-pellee alleged after-discovered…