Commonwealth v. Stout

OPINION BY

FORD ELLIOTT, P.J.:

¶ 1 This is an appeal from an order denying a writ of habeas corpus filed by appellant, Herbert Brian Stout. We vacate and remand.

f 2 On January 8, 2007, appellant entered a plea of guilty to a charge of receiving stolen property. 1 Appellant was subsequently sentenced on April 5, 2007, to a period of incarceration of 21 to 72 months. No appeal was filed.

¶ 3 On July 21, 2008, with the statutory period for the filing of a petition for collateral relief under the Post-Conviction Relief Act (“PCRA”), 42 Pa.C.S.A. §§ 9541- 9546, having elapsed, 2 appellant filed a…