Commonwealth v. Guthrie

HESTER, J.:

111 Appellant, Donald Guthrie, appeals from the June 10, 1999 order of the Clarion County Court of Common Pleas which dismissed, as untimely filed, his motion to correct illegal sentence filed on May 17, 1999. The common pleas court ruled the motion must be treated as a petition filed pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S. §§ 9541 et seq., and as such, must be dismissed as untimely under 42 Pa.C.S. § 9545. We vacate the June 10, 1999 order and remand for the appointment of counsel.

¶ 2 Appellant pled guilty to statutory rape pursuant to a plea agreement…