Commonwealth v. Stossel

OPINION BY

BENDER, J.:

Leonard F. Stossel, Appellant, appeals pro se from the June 8, 2010 order denying as untimely his first petition for post-conviction relief under the Post Conviction Relief Act (PCRA), 42 Pa.C.S. §§ 9541-9546. We conclude that the PCRA court erred in not holding a hearing in accordance with Commonwealth v. Grazier, 552 Pa. 9, 713 A.2d 81 (1998), to ensure that Stossel intelligently, knowingly, and voluntarily waived his right to representation. Accordingly, we remand for the PCRA court to conduct such a hearing.

Stossel entered a nolo contendere plea on September 5, 2006,…