Commonwealth v. Jerman

DEL SOLE, J.:

¶ 1 Appellant Shakil Jerman appeals from the order dismissing his Post Conviction Relief Act petition. For the reasons set forth below, we vacate the order and remand for further proceedings.

¶2 Pursuant to a plea agreement, Appellant pled guilty to one count of riot; charges of unlawful restraint and failure to disperse were dismissed. On July 17, 1997, Appellant was sentenced to 1 to 2 years’ imprisonment. No direct appeal was filed. Instead, on August 14, 1998, Appellant mailed from prison a petition for relief under the Post Conviction Relief Act, 42 Pa.C.S.A. §§ 9541-9546. On…