Commonwealth v. Hernandez

POPOVICH, J.:

¶ 1 This is an appeal from the order entered by the Court of Common Pleas of Lancaster County on September 4, 1998, which denied appellant’s petition for leave to appeal nunc pro tunc. Upon review, we find that the lower court erred in refusing to grant appellant’s petition to appeal nunc pro tunc. However, we need not remand this case for the filing of a direct appeal. Rather, given the present state of the record, we are able to resolve appellant’s lone appellate claim, an attack upon the discretionary aspects of his sentence. Upon review, we find that the lower court did not…